What is a notarized power of attorney?
Definition
A notarized power of attorney is an authentic act by which one person (the principal) officially authorizes another (the agent) to carry out certain legal acts on his or her behalf. Written and received by a notary, it guarantees the identity of the parties, the validity of the consent and confers greater probative and enforceable force than a simple writing under private signature. It is often required for important operations, in particular those affecting assets or acts requiring enhanced legal certainty.
Types of Power of Attorney
A power of attorney can take the form of an authentic deed or a private deed. In the first case, the power of attorney is received by a public official, such as a notary. In the second case, it is drawn up, in the form of a letter of power of attorney, and signed by the parties themselves, without the signature of a notary.
For which acts is the authentic power of attorney necessary?
The law requires the use of an authentic power of attorney in the event of absence when signing the deed
An authentic notarial power of attorney is mandatory when the law requires a notarial act for the transaction itself or to protect the parties and the person is unable to attend the appointment.
Real estate sale, change of matrimonial regime, inheritance…
This is for example the case in the following situations:
- Marriage contract.
- Change of marital regime.
- Child recognition.
- Consent to medically assisted procreation.
- Consent or acceptance of donation.
- Donation-sharing.
- Succession (for example when one of the heirs resides abroad)
- Trust.
- Early waiver of reduction action.
- Sale of residential building to be constructed, such as the “VEFA”.
- Rental-accession.
- Constitution of conventional mortgage.
- Release of mortgage registration.
Who can give or receive a power of attorney?
The person giving the mandate, called the principal, must be an adult, unprotected person or an emancipated minor. The person who receives the mandate, called the agent, can be a family member, a friend, a neighbor, etc.
How to give power of attorney to someone at the notary?
If an individual wishes to give a power of attorney to a representative, they should make an appointment with the notary. Both parties present themselves with the required documents. The notary draws up the power of attorney if the parties have not done so themselves. The deed is then signed by both parties and the notary.
Can we make a notarized power of attorney remotely?
During the health crisis, notarial deeds could, exceptionally, be signed remotely. Although at the end of the crisis, this exceptional measure ceased, it was nonetheless authorized on a permanent basis for powers of attorney which can now be signed remotely without the physical presence of the parties. An ideal solution for people who cannot travel.
What documents are needed to make a power of attorney with the notary?
On the day of the appointment with the notary, the parties must bring the required documents, namely:
- The identity document of the principal and the agent.
- The deed drawn up if the parties have already drawn up the power of attorney.
How to write a power of attorney for signature at the notary?
Mandatory information
A power of attorney given to sign an act at the notary must, to be valid, specify the notarial act concerned clearly and unequivocally. Likewise, the principal and the agent must be unambiguously identified. In this context, their names, dates and places of birth, addresses must be mentioned.
The duration of the power of attorney must also appear as well as the date of signature. The power of attorney is signed by the parties and the notary (if it is an authentic power of attorney).
Free letter template for a power of attorney
I, the undersigned (Surname, First name), born on (DD/MM/YYYY) in (place), residing at (address),
gives power of attorney to (Last name, First name), born on (DD/MM/YYYY) at (place), residing at (address),
in order to represent me to sign the notarial deed of (example: sale / donation), concerning (example: precise description of the property / price).
This power of attorney will end (DD/MM/YYYY / upon signature of the notarial deed).
Done at (place), on (date).
The principal: …
The agent: … “Good for acceptance”
How much does a power of attorney cost?
A power of attorney from the notary costs on average between 70 euros and 100 euros and can cost more for more complex files.
How to cancel a power of attorney at the notary?
The revocation of a power of attorney, even under private signature, requires a writing signed by the principal, preferably authenticated by a notary. The latter must inform the initial notary as well as any party concerned.
