Lasting powers of attorney and care directives; application for certification

The public certification of your power of attorney or care directive confirms that the signature on the document is yours. The public certification of a health care proxy means that future contractual partners can rely on the fact that you have issued the power of attorney.

For certain legal transactions, public certification of a power of attorney is even mandatory. Certification of the signature under the power of attorney is necessary if the authorized representative is to be entitled to acquire real estate, encumber it or have existing encumbrances deleted, as well as to sell real estate. This also applies to disposals by an authorized representative of company shares of the principal that are subject to commercial register registration.

You can have your signature under a health care proxy or care directive publicly notarized by the care authority (district office or independent city). In addition, any notary public can also notarize your signature. The public certification of a signature by a notary at a care authority is equivalent to notarization in the case of powers of attorney.

This does not apply if the power of attorney is granted even after the death of the principal. While a notarized power of attorney continues to have effect even after the death of the principal, the effect of a power of attorney certified by the guardianship authority ends with the death of the principal. If death occurs, the power of attorney can only be used for declarations that do not require a notarized power of attorney due to the limited effect of the official certification for the lifetime of the principal.

Please note the annual program of the 2026 lecture series of the Care Office in the Forms section.

The following applies to the public certification of a signature by a notary of a guardianship authority:

• The principal must be of legal age and have legal capacity.
• The personal presence of the grantor of power of attorney is required.
• Only signatures or hand signs of natural persons are notarized.
• Notarization of signatures or hand signs without an accompanying text is not permitted.
• Notarization is not permitted if the guardianship authority is responsible for representing a party in the matter in question.

• Lecture series 2026 - Care center

  Committed support, making provisions yourself, understanding the law

A fee of 10 euros is charged for each certification at a care authority.
The fee may be waived in individual cases.

• § Section 129 of the German Civil Code (BGB)
• § Section 7 (1) of the Care Organization Act (BtOG)

• Pension and guardianship law

  Information from the Bavarian State Ministry of Justice

If you would like to have your precautionary document officially certified by a guardianship authority, you must first apply for official certification at the guardianship authority responsible for your place of residence (district office or independent city).

• A personal visit to the care authority is required. It is recommended that you make an appointment in advance.
• The original care directive or health care proxy and valid identification documents must be brought to the appointment.

The care directive or health care proxy can be signed in advance or in the presence of the notary.

• Lasting power of attorney; information on drawing it up
• Advance care directive; information on drawing it up