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German Law/Power of Attorney

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Question
My husbands cousin has passed away and left some land and a house. Since we live in Canada, I need to get a power of attorney so that a friend of the family can speak and make decisions on our behalf.  Does this have to be in German?  Where do I find the form and do I need to get it Notarized.  Any help would be greatly appreciated.

Thank you

Kerstin Melzer

Answer
Hello Kerstin,

theoretically, there are no requirements as to the form and language of a power of attorney ( 167 II BGB), but in practice it will cause problems and endless questions and requests for your confirmation if the POA is not in German and not notarized.

The best thing would be to go to the nearest German consulate and do it there.

Andreas Moser
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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