Under Polish law, a power of attorney must be in the same form as the legal act it authorises. Therefore, if we want to sell a car, since a car can be sold without a notary's involvement, a power of attorney in ordinary written form is sufficient. If, on the other hand, we want to grant a power of attorney, e.g. to sell shares in a company, we must grant it in written form with a notarially certified signature, as this form is required for the sale of shares. Similarly, if we want to grant a power of attorney to conclude a real estate sale agreement, we must do so in the form of a notarial deed.
A power of attorney is needed in two cases: when we want someone to perform a legal act on our behalf (we must then grant a power of attorney) or to perform a legal act on behalf of someone else (we must then receive a power of attorney). Only the person granting the power of attorney needs to appear before the notary, with the details of the person to whom the power of attorney is to be granted.
General power of attorney
In accordance with Art. 98 of the Civil Code, a general power of attorney covers authorisation for ordinary management activities. A general power of attorney does not specify or distinguish the legal acts for which the attorney has been authorised.
Special power of attorney
A special power of attorney covers authorisation to perform one specific legal act. From Art. 98 of the Civil Code, it follows that a special power of attorney should contain authorisation to perform an act exceeding ordinary management.
Generic power of attorney
A generic power of attorney should contain authorisation for specifically defined actions in terms of their generic classification, not general actions, and furthermore should contain the right to perform actions exceeding ordinary management. For a power of attorney to be considered generic, with the effect of performing acts exceeding ordinary management within its scope, it is sufficient to define the category or type of legal acts that the attorney may perform on behalf of the principal.
Power of attorney and medical law
In the field of notarial matters, issues related to medical law are also of significant importance. A patient, in relation to obtaining information about their health status and access to medical records, may authorise their spouse, a relative or in-law up to the second degree in the direct line, a legal representative, a person in a common relationship, or a person designated by the patient.
A designated person should be understood as another adult, unrelated to the patient, so that they can gain access to medical records. In the absence of such authorisation, in the event of loss of consciousness or death of the patient, access to medical records will not be possible. It is therefore worth taking care of your affairs while there is still an opportunity to do so.
How to book an appointment?
To book an appointment, simply call +48 531 772 110, send an email to kancelaria@notariuszsiechnice.pl, or visit the Office in person.