Many residents of Israel have personal or business connections with various countries where German is spoken. Whether it involves representation before tax authorities, handling an inheritance, managing a bank account, or real estate, a power of attorney in German is an essential document for them, granting authority to another person or entity to act on their behalf. Preparing a power of attorney requires careful attention, both legally and linguistically. Which power of attorney can be translated into German? How is it revoked? All the answers and more are in the article below.

Why Do You Need a Power of Attorney in German?

A power of attorney in German allows the attorney-in-fact to act on behalf of the grantor before various parties such as government bodies, banks, business companies, or private individuals. The power of attorney will be valid in Germany and in other countries whose official language is German.

If a power of attorney is presented in English, it may not be accepted. Why? There are two main reasons. The first reason is that German law requires every official document to be written in the official language, which is German alone. The second reason is legal precision and complete fidelity to the original, since the power of attorney grants authority and responsibility to the attorney-in-fact to act on behalf of the grantor, and we do not want the grantor’s wishes to be interpreted in a way that differs from what was intended.

In Which Cases Is a Power of Attorney in German Required?

A power of attorney in German is often a mandatory requirement for carrying out the following actions:

1. Managing an inheritance or assets in Germany, as well as in Austria or Switzerland. For example, a person whose father lives in Israel but whose assets are located in Berlin will need to obtain a power of attorney in German from their father in order to sell or lease those assets.
2. Handling applications for pension payments or Holocaust survivor benefits from government institutions. For example, an elderly woman living in Ramat Gan who receives compensation from Germany paid into a bank account in Germany will sign a power of attorney for someone to manage her bank account in Germany on her behalf.
3. Signing real estate transactions or commercial transactions with business companies or private individuals in Germany. For example, buyers from Israel who want to sign a contract to purchase an apartment in Berlin can provide a power of attorney to a German lawyer accompanying them in the transaction, so that the lawyer can sign the sale contract on their behalf, allowing them to purchase the apartment without being present in Germany at the time of purchase.
4. Granting a medical or personal power of attorney for family members abroad. For example, an elderly parent living in Germany who is in a sensitive medical condition while their children live in Israel. They can grant a power of attorney in German to another relative living in Germany so that this relative can handle their medical matters and make decisions in an emergency.

Different Types of Power of Attorney in German

Just as in Israel, there are different types of powers of attorney granting different authorities:

• Notarial power of attorney — allows broad actions such as managing assets, real estate transactions, opening a company, and more. This document requires signature and certification by a notary proficient in German.
• Special power of attorney — intended for carrying out a single task only, such as selling a vehicle.
• Irrevocable power of attorney.

It is important to note that every power of attorney that is signed requires signature verification and notarial certification by a notary proficient in German.

Can a Power of Attorney Translated into German Be Revoked?

Absolutely — translating the document into German does not affect the grantor’s right to revoke it. In order to revoke a power of attorney that has been translated into German, the following steps must be taken:

1. Issuing a notice of revocation of the power of attorney — the grantor must send a letter to the attorney-in-fact informing them that the power of attorney granted to them is no longer valid. The letter must clearly state the reason the power of attorney was granted, the date it was granted, and the identifying details of the attorney-in-fact. The revocation notice must be signed with an original signature.
2. Confirming receipt of the revocation notice by the attorney-in-fact — simply sending the letter is not enough to revoke the document; it must be confirmed that the attorney-in-fact actually received it. If the attorney-in-fact does not confirm receipt of the notice, they may continue to represent and act on behalf of the grantor.
3. Sending notice to third parties — if the power of attorney was granted in order to represent the grantor before a court, bank, or other parties, those parties must also be informed, in order to prevent the use of an invalid power of attorney.
4. Very important! When it comes to a notarial power of attorney, notarial certification is required from the notary before whom the power of attorney was signed, in order to revoke the document and give the revocation legal validity.
5. Translating the revocation notice into German — if the attorney-in-fact or the bodies for whom the document was issued do not speak Hebrew, it is important to also translate the revocation notice into German and attach to it notarial certification and an apostille seal.

Note! If you wish to revoke an irrevocable power of attorney, you must also obtain the consent of the attorney-in-fact.

Summary

Whether it involves inheritance, real estate, or personal representation, preparing a power of attorney in German requires precise compliance with local law. It is therefore highly important to consult with an Israeli notary who speaks German, who can help you prepare the power of attorney as required — helping you avoid bureaucratic delays and unnecessary errors with the various authorities and institutions in Germany.

**** The above is general information and does not constitute a substitute for individual legal advice ****

For any question regarding the preparation of a power of attorney in German, please contact attorney and notary Alon Sposhnik.

Email: info@sr-lawoffice.co.il; Phone: 0722502512.