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Having a lasting power of attorney notarially recorded

Notary · Avoiding custodianship, § 1814 BGB

In personSensible for everyone

The lasting power of attorney (Vorsorgevollmacht) governs who may act for you once you yourself are no longer able to. Its legal purpose is set out in § 1814 Abs. 3 BGB of the German Civil Code (Bürgerliches Gesetzbuch, BGB): a custodian “may be appointed only if this is necessary”, and it is “in particular not necessary … in so far as the affairs of the adult can be dealt with equally well by an authorised representative”. With an effective power of attorney, court-ordered custodianship therefore becomes unnecessary.

A note on research: this rule used to be found in § 1896 BGB. With the reform of the law of custodianship on 1 January 2023, the entire law of custodianship was renumbered – the provision today is § 1814. Older guides and forms that still refer to § 1896 are out of date on this point.

The most costly misconception on this topic concerns married couples. Since 2023, there has been the emergency right of representation between spouses under § 1358 BGB – and it is frequently overestimated. It applies only to matters of healthcare, only for at most six months, and does not apply, among other things, if the spouses live apart or a custodian has been appointed. It does not cover money, banking, housing or contracts. Anyone who believes a spouse can automatically deal with everything is mistaken.

Last updated27 August 2026
Legal basis§ 1814 BGB · § 1358 · § 1820 · § 34 GNotKG
VerificationChecked against gesetze-im-internet.de and notar.de
Written and reviewed byAndrés Sánchez Botta
Independent information site: We are not the notary’s office, not an authority and not a paid advisory service — we do not submit applications for you. All information comes from official sources and is explained simply here; the competent body is always authoritative. Not legal advice. The content and scope of a power of attorney should be discussed individually. All information provided without guarantee. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source — this is information, not legal or tax advice.
Notarial recording1.0 feeKV 21200, min. €60
At €50,000€165At €80,000: €219
Emergency right of representation between spousesOnly 6 monthsAnd only health
EffectCustodianship becomes unnecessary§ 1814 Abs. 3 BGB
Required documents

What you need

Identity document

Identity card (Personalausweis) or passport of the person granting the power of attorney. The notary establishes identity and, at the same time, satisfies themselves that you have capacity to contract – this is exactly what makes the notarial form so difficult to challenge later.

Full details of the authorised representatives

Name, date of birth and address. Think about a substitute person: if the first choice is unavailable – due to illness, dispute or death – without a substitute arrangement, court-ordered custodianship becomes necessary after all.

Thoughts on the living will

The lasting power of attorney says who decides; the living will says what is to apply. The two belong together. You should think through specific situations and wishes in advance – at the appointment, no one starts from zero.

Information on accounts and assets

The value of the subject matter (Geschäftswert) is based on the assets and determines the fee. Important to know: many banks additionally require their own bank power of attorney for access to accounts. Clarify this with your bank, not only once the emergency has arisen.

Information on property ownership

If the authorised representative is to be permitted to sell or encumber plots of land, the power of attorney must be notarially recorded – a mere certification of the signature is not enough for Grundbuch declarations in many situations.

Thoughts on the limits of the power of attorney

For particularly intrusive measures – such as placement involving deprivation of liberty or dangerous medical procedures – the law requires the power of attorney to name these powers expressly. If this is missing, the power of attorney does not help at the decisive moment.

Step by step

How to proceed

  1. 1

    Choose the right person — and a substitute person

    The most important decision, and not a legal one: who do you trust to decide on health and money in your interest? Name a substitute person. Without one, the Betreuungsgericht (custodianship court) stands ready again if the first choice is unavailable – exactly what you wanted to avoid.

  2. 2

    Determine the scope

    Healthcare, determining your place of residence, assets, authorities, post and telecommunications. A general power of attorney is comprehensive and therefore effective, but also powerful – it requires trust. Anyone who does not have that should assign areas individually, but must then take responsibility for every gap themselves.

  3. 3

    Clarify the powers that must be named expressly

    For medical measures requiring consent that carry a significant risk, and for measures involving deprivation of liberty, the law requires express mention in the power of attorney. The notary knows these lists – a self-written text almost always overlooks them.

  4. 4

    Have it notarially recorded instead of merely certified

    In the case of a certification, the notary only confirms that the signature comes from you. In the case of the notarial recording, they additionally examine and document the content and the capacity to contract. That is the difference that matters if relatives later dispute the power of attorney – and it is needed for transactions involving land in any case.

  5. 5

    Have it registered in the Central Register of Precautionary Powers of Attorney

    The Bundesnotarkammer (Federal Chamber of Notaries) runs the Central Register of Precautionary Powers of Attorney. Betreuungsgerichte (custodianship courts) check there before setting up a custodianship. A power of attorney that no one knows about has no effect – the registration is the step that gives the paper an effect.

  6. 6

    Keep execution copies properly

    The authorised representative needs an execution copy, not merely a copy: banks and authorities, as a rule, accept only this. Discuss where it is kept and when it will be handed over – a power of attorney locked in a safe is of no use to anyone in an emergency.

Fee information

Costs and payment

Costs and scopeMeasured by the assets, not by the effort
Notarial recording1.0 fee (KV 21200)
Minimum fee€60
At assets of €50,000€165
At assets of €80,000€219
Emergency right of representation between spousesOnly health, 6 months
Register of powers of attorneySeparate, low fee

The lasting power of attorney is a unilateral declaration and costs a 1.0 fee under KV 21200 (at least €60). The value of the subject matter is measured by the assets; the Bundesnotarkammer gives, by way of example, assets of €50,000 to €80,000 and a fee of €165 to €219 for the lasting power of attorney and the living will together. Measured against what a court-ordered custodianship costs in time, money and loss of self-determination, that is a small amount – and the reason why this document makes sense for practically every adult, not only in old age. One needs to be clear about the emergency right of representation between spouses, because it stops many people from making any provision at all. § 1358 BGB has allowed a spouse, since 2023, to consent to examinations and medical treatment, to conclude treatment and hospital contracts, and to assert claims arising from the illness. But: only for at most six months from the date determined by the doctor, and it does not apply if the spouses live apart, the other spouse declines the representation or has authorised someone else, or a custodian has been appointed. It does not cover financial, banking, housing or contractual matters at all. It is a stopgap for the first few months, not a substitute for a power of attorney.

Good to know

Important notes

The relevant provision today is § 1814 BGB, not § 1896. The reform of the law of custodianship on 1 January 2023 renumbered the law of custodianship. Guides and forms citing § 1896 are out of date on this point.

The emergency right of representation between spouses applies only for six months and only to healthcare. § 1358 BGB does not cover money, banking, housing or contracts. It is no substitute for a power of attorney.

It does not apply at all in several cases. Where the spouses live apart, where the represented spouse declines it, where that spouse has authorised someone else, or where a custodian has been appointed.

Name a substitute person. Without one, the unavailability of the authorised representative leads directly to court-ordered custodianship – the very outcome the power of attorney was meant to prevent.

Notarial recording beats certification. The certification confirms only the signature; the notarial recording documents the content and the capacity to contract. That is decisive if relatives later dispute the power of attorney.

For transactions involving land, the power of attorney must be notarially recorded. If the authorised representative is to be permitted to sell or encumber real property, a simple certification of the signature is not enough.

Banks often require their own bank power of attorney. Even where there is a notarial lasting power of attorney. Clarify this with your bank while you are still able to do so yourself.

Without registration, no one finds the power of attorney. Betreuungsgerichte check the Central Register of Precautionary Powers of Attorney run by the Bundesnotarkammer. A power of attorney that is not known about does not prevent a custodianship.

Avoid these mistakes

Common mistakes

Relying on the emergency right of representation between spouses. The most consequential misconception: it applies for six months, only for health matters, and does not apply in several situations. For accounts and contracts, it never applies.

Not naming a substitute person. If the authorised representative becomes unavailable, the Betreuungsgericht steps in after all – despite the existing power of attorney.

Not having the power of attorney registered. The court can only take into account what it knows about. Registration in the Central Register of Precautionary Powers of Attorney costs little and determines whether it has any effect.

Using a form from the internet. For intrusive measures, the law requires express naming. Forms often do not contain this – and it only comes to light in an emergency.

Only making the living will. It says what is to apply, but not who enforces it. Without a power of attorney, someone has to be appointed for that.

Locking the execution copy away and not telling anyone where it is kept. Banks and authorities require the execution copy, not the copy. In an emergency, it must be accessible.

Frequently asked questions

Questions and answers

What does a notarial lasting power of attorney cost?

A 1.0 fee under KV 21200, at least €60, calculated from the assets as the value of the subject matter. The Bundesnotarkammer gives, as an example, assets of €50,000 to €80,000 and a fee of €165 to €219 for the lasting power of attorney and the living will together. The amount is fixed by law and is the same at every notary.

Can my spouse not decide for me anyway?

Only to a very limited extent – that is the most costly misconception on this topic. § 1358 BGB has given spouses a right of representation since 2023, but exclusively in matters of healthcare: consenting to or refusing examinations and treatment, concluding treatment and hospital contracts, asserting claims arising from the illness. It applies for at most six months from the date determined by the doctor and does not apply if you live apart, if the represented spouse declines the representation or has authorised someone else, or if a custodian has been appointed. It does not apply to banking matters, housing, contracts or assets.

What happens without a lasting power of attorney?

The Betreuungsgericht appoints a custodian – possibly a stranger. This is not an automatic outcome against your interests, but it is determination by others: the custodian is selected by the court, is supervised and must account for their actions, and the process takes time. With an effective power of attorney, this does not happen: under § 1814 Abs. 3 BGB, the appointment of a custodian is not necessary in so far as an authorised representative can deal with the matters equally well.

Is a form from the internet enough?

For simple cases, perhaps; for the real emergency, often not. Two reasons. First, the law requires, for particularly intrusive measures – such as placement involving deprivation of liberty or medical procedures carrying significant risk – that the power of attorney name these powers expressly; forms often fail to do this. Second, the notary documents your capacity to contract as part of the notarial recording. That is exactly what relatives target when they later dispute a power of attorney – and with a self-completed form, there is no evidence of this.

What is the difference from the living will?

The lasting power of attorney determines who decides for you. The living will sets out what is to apply in certain medical situations. The two complement each other: without a power of attorney, there is no one to enforce the living will and interpret it in case of doubt; without a living will, the authorised representative has to decide without your instructions. For that reason, both documents are usually drawn up together – and treated as a single matter in the fee calculation.

Do I have to have the power of attorney registered?

You do not have to, but you definitely should. The Bundesnotarkammer runs the Central Register of Precautionary Powers of Attorney, and Betreuungsgerichte check there before setting up a custodianship. A power of attorney the court knows nothing about cannot prevent the custodianship – the document then lies in a drawer while exactly what it was meant to avoid happens. Registration costs only a small fee and is the step that gives the paper an effect.

Will my bank accept the lasting power of attorney?

Not always without further ado. Many banks additionally insist on their own bank power of attorney on their in-house form. Legally, that is open to challenge; in practice, it leads to weeks of discussions in an emergency – at a point when you can no longer sort it out yourself. Deal with both, therefore: the notarial lasting power of attorney for everything else, and additionally the bank power of attorney at every bank where you hold an account.

Can I revoke the power of attorney?

Yes, at any time, as long as you have capacity to contract. The practical side is important: demand all execution copies back, because the authorised representative can continue to act towards third parties with an execution copy, even if the power of attorney has already been revoked as between the two of you (in the internal relationship). Also inform the Central Register of Precautionary Powers of Attorney and, if the power of attorney has already been presented there, banks and authorities. A revocation that no one knows about does not protect you.

Related official procedures

Certifying a power of attorney
When certification is enough
From €20
Making a will
The other precautionary document
From €60
Custodianship
What happens without a power of attorney
Court-ordered

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