Notarial Power of Attorney: Cost, When Required and Translation Guide

A power of attorney is an extremely useful legal tool that allows someone to act on behalf of another person. In many situations, a simple written form is sufficient, but there are cases when a notarial power of attorney is essential. How exactly does it differ from a regular power of attorney, how much does it cost to prepare, when is it absolutely required, and when will its certified translation be needed? We answer the most frequently asked questions.

If you're interested in general information about powers of attorney, we invite you to read our article: Power of Attorney - Types, Forms and When Certified Translation is Needed.

Notarial vs. regular power of attorney – key differences

The basic difference comes down to the form of document preparation. A regular power of attorney can be granted in any form (even oral, though written form is always recommended for evidential purposes), unless regulations require a special form for a given action. A general power of attorney always requires written form under penalty of invalidity.

A notarial power of attorney is prepared by a notary in the form of a notarial deed or has written form with the principal's signature notarially authenticated. The notary confirms the identity of the person making the declaration of will and the date of the action. This gives the document special rank and evidential power.

In practice, for many simple official or private matters, a power of attorney in regular written form is sufficient. However, increasingly, institutions, banks, or offices may prefer or even require a power of attorney with notarial authentication or in notarial deed form for their own security and certainty of transactions.

When is notarial form mandatory for power of attorney?

There are situations where Polish law clearly requires that a power of attorney be prepared in notarial deed form. This happens when the legal action that the attorney is authorized to perform itself requires such form. The most common examples include:

• Power of attorney to transfer real estate ownership (e.g., sale, gift of apartment, land).
• Power of attorney to establish or dispose of perpetual usufruct.
• Power of attorney to dispose of or acquire cooperative ownership rights to premises.
• Power of attorney for certain actions related to inheritance law (e.g., to make a declaration of acceptance or rejection of inheritance, if made before a notary).
• Power of attorney to conclude a limited liability company agreement or its amendment, if the agreement is concluded in notarial deed form.

In such cases, a power of attorney granted in another form (e.g., regular written) will be invalid, and an action performed based on it will also not produce legal effects.

Tip: If you have doubts about the required form of power of attorney for a specific action, it's always worth consulting with a notary or lawyer.

How much does preparing a notarial power of attorney cost?

The cost of preparing a notarial power of attorney depends on the type of action it is to authorize and the value of the subject of that action (if determined). Maximum rates of notarial fees for preparing a notarial deed including power of attorney are specified in the Ministry of Justice regulation.

Approximately (rates may change and should be confirmed with a specific notary):

• For a power of attorney to perform one specific action (e.g., sale of one car), the notarial fee may be several dozen zloty plus VAT (e.g., 30 PLN + VAT).
• For a power of attorney covering authorization to perform more than one action (e.g., general, categorical), the fee may be higher, e.g., around 100 PLN + VAT.

The cost of any copies of the notarial deed should be added to this. It's always worth asking the notary about the total cost before proceeding with the action.

Is there a "power of attorney for everything"?

No, there is no such thing as a "power of attorney for everything" in the literal sense. Even a general power of attorney, which has the broadest scope, only authorizes ordinary management actions. For actions exceeding ordinary management, a categorical power of attorney (specifying the type of actions) or special power of attorney (for a specific action) is needed.

Every power of attorney, even one with the broadest possible scope, must somehow specify the type or scope of actions that the attorney is authorized to perform. Granting a power of attorney with unlimited, undefined scope is impossible.

How to revoke and when does a notarial power of attorney expire?

The rules for revocation and expiration of a notarial power of attorney are the same as for powers of attorney in other forms.

• Revocation: The principal can revoke the power of attorney at any time by making an appropriate declaration of will to the attorney. Revocation does not require notarial deed form, even if the power of attorney itself was prepared in such form. Written form is sufficient for evidential purposes.
• Expiration: A power of attorney expires upon the death of the principal or attorney (unless otherwise stipulated), after the expiration of the term for which it was granted, or after performing the action for which it was granted (in case of special power of attorney), as well as in case of renunciation by the attorney.

When is certified translation of notarial power of attorney needed?

Certified translation of a notarial power of attorney is essential when this document is to be used in official legal transactions in a country where the language in which the power of attorney was prepared is not the official language. This applies both to situations when a Polish notarial power of attorney is to be used abroad and when a foreign notarial power of attorney is to be presented to Polish offices, courts, or notaries.

Example situations:

• Representing a Polish company or individual before foreign institutions based on a Polish notarial power of attorney (e.g., translation to English, German).
• Handling inheritance, property, or registration matters in Poland by a person living abroad who granted a notarial power of attorney in their country of residence (then translation to Polish is needed).
• Performing legal actions related to real estate located in different countries.

In many cases, in addition to certified translation, a foreign notarial power of attorney may also require authentication with an apostille clause or legalization to be recognized in Poland (and vice versa).

How to professionally translate a notarial power of attorney online?

A notarial power of attorney is a document of high legal rank, so its translation must be performed with the utmost care by an authorized sworn translator. Such a translator will not only accurately translate the content but also describe all formal elements of the notarial deed (seals, repertorium, etc.) and certify the compliance of the translation with the original.

The Sworny.com platform is a trusted place where you can order online certified translation of notarial powers of attorney and other legal documents. We provide:

• Access to experienced sworn translators specializing in legal texts.
• Quick and free quotes based on submitted scans.
• Timely delivery and data confidentiality.
• Possibility to receive translation in electronic form (with qualified signature) or traditional form.