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Notarized Power of Attorney – what is it and when is it required? (Legal information from a licensed notary public)

Michael Decker
Michael Decker

Not all powers of attorney are created equal. Most of us are familiar with the standard power of attorney, with which we authorize another person or entity to act on our behalf. However, there are special types of POA which require the stamp of a notary public. Such a power of attorney is called a notarized power of attorney. In what cases is such a power of attorney needed, and what is required to validate one? What is important to know about a notary power of attorney will be explained in this article by attorney Michael Decker, partner in our firm and licensed notary.

Our law firm, with offices in Jerusalem and Tel Aviv, provides our customers in Israel and overseas with various notary services. Our office has vast experience in dealing with various procedures which require notary services. The notary services we provide include, among other things, notarized signature authentication, translation of official documents, foreign document authentication, apostille services and more.

Notarized Power of Attorney – what is it and when is it required? (Legal information from a licensed notary public)

What is a notarized power of attorney?

Power of attorney is a common action that we perform on many occasions throughout our lives. We often need to authorize another person to act in our name. For example, we might authorize an accountant to file an income tax report on our behalf, or have a lawyer represent us in legal proceedings. As long as we are dealing with a specific authorization or an ordinary action, our own signature on the power of attorney will suffice to authorize another person to act on our behalf.

However, there are special types of power of attorney which are subject to special legal directives. A prime example is the enduring power of attorney, a relatively new and very important type of POA, which enables a person to decide whom to entrust with the management of their affairs when they are deemed to be legally incapacitated. Another type of written authority, on which we will expand below, is a notarized power of attorney. This type of writ is only deemed legally valid once it is signed by a notary public (a senior attorney who is specially licensed to sign certain legal documents).

When is a notarized power of attorney required?

The Notary Act, which deals with, among other things, matters relating to the work of a notary, defines two types of cases which require signature authentication for a power of attorney to be deemed valid by law. The first type refers to cases in which a general power of attorney is given, meaning meaning granting broad authority which is not limited to a specific legal matter. General powers of attorney are common, for example, when signing a mortgage from a bank. This is due to the many legal procedures the bank is required to go through in such cases. The second type of cases which require a notarized power of attorney are cases in which a POA is used for the purpose of real estate transactions, which need to be registered with the Land Registry Office. The reason these cases require the involvement of a notary public is that real estate transactions typically have high financial value, therefore in order to keep necessary safety measures in place, it was ruled that such transactions must be authenticated by a notary public.

How does one notarize a power of attorney?

Notarization of a power of attorney requires the physical presence of the notary public, along with the written authority document which is to be authenticated by the notary public. It is important to ensure that you bring the final version of the document, and if there is any doubt in this matter, we recommend that you consult a lawyer. The notary then identifies the party who is to sign the power of attorney. The notary verifies that the party granting power of attorney is legally fit to do so and, based on the circumstances, may request additional documents verifying this (for instance, in the case of an elderly person, medical documents confirming their health condition will be required). Finally, the notary will authenticate the signature on the power of attorney, granting it legal validity. To ensure that the process is completed quickly and without a hitch, we recommend contacting a lawyer and notary ahead of time and consulting them on the process and on how to complete it as required.

Notarized power of attorney – contact an attorney and licensed notary public

In this article we gave a brief explanation of the notarized power of attorney. If you have a specific question or are in need of assistance on an issue regarding power of attorney and notary services, you can seek help from a licensed notary in our offices, located in Jerusalem and Tel Aviv. Our office offers various notary services, including notarized signature authentication, translation certifications and apostille services. You can contact us at the phone numbers and email address below.

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