What is a Notarized General Power of Attorney?
A power of attorney is the authorization of a proxy to perform a legal action, in the name of the principal (the person granting the power of attorney), concerning a third party.
There are times in which a lawyer is authorized to perform legal actions on behalf of the principal.
However, some actions are not necessarily reserved for a lawyer to perform, and therefore there is no impediment to appoint any person to perform these actions - such a power of attorney is called a "General Power of Attorney".
The scope of the authorization granted by a general power of attorney is not limited to a particular legal issue or a particular type of legal action. The General Power of Attorney can have very extensive authority, including authorizing a proxy to represent a person and appear in the name of the principal who gave the power of attorney at any government office, governmental authority, insurance company, financial institution, medical institution, company or before any person, including to sign any document in the name of that principal and perform any required action.
A Notarized General Power of Attorney can serve as an effective solution to situations of physical disability, a medical condition that prevents a person from performing the actions on their own, or in situations such as absence due to travel abroad or living abroad.
Due to its wide scope and the implications involved, the legislature has determined that a general power of attorney is not valid if it has not been prepared or verified by a notary. The signature of a notary on a legal document constitutes a seal of validity of the document.
When is a general notarized power of attorney revoked?
A power of attorney is revoked for any of the following reasons:
• The power of attorney was revoked by Principal.
• The power of attorney was granted for a limited period.
• The Principal or the Proxy has passed away.
• The Principal or the Proxy has lost his legal capacity.
The clauses regarding real-estate transactions are null once ten years have passed since the date of signing the power of attorney.
The process of executing a general notarized power of attorney:
The procedure for preparing a notarized general power of attorney and verifying the signature is not a complex matter, and all that is required is to attend a short meeting with the notary.
The cost of a general notarized power of attorney is fixed by law and stands at a total of NIS 208 (at the time of writing this article).
Only the principal is required to appear in person at the notary's office. As with any notarial certificate, the principal must bring with him an ID card or an (original) Israeli (or foreign) passport. The Notaries Act and the Notaries Regulations require the notary to personally identify the principal, and the notary must ensure the principal understands the meaning of granting the power of attorney, its objectives, and consequences.
For an example of a Notarized General Power of Attorney in English, click here
For an example of a Notarized General Power of Attorney in Hebrew, click here