A notarial power of attorney is required when performing legal acts that need notarial form, with costs in 2026 following current regulations unless changed by legislators.
What is a Notarial Power of Attorney?
A notarial power of attorney is a power of attorney granted in the form of a notarial act. This means the declaration of intent by the principal is made before a notary who prepares the notarial act and oversees the proper conduct of the transaction.
According to the principle from the Civil Code, the power of attorney should be granted in the same form as required for the legal act to which it relates.
When is a Notarial Power of Attorney Required?
A notarial power of attorney is required especially when the attorney-in-fact is to perform an act for which the law provides for the form of a notarial act. In such situations, a power of attorney granted in ordinary written form would be insufficient and would not produce legal effects.
When is a Notarial Power of Attorney Not Necessary?
The form of a notarial act is not required in certain cases. In such situations, written form may be sufficient, and sometimes even documentary form.
Cost of a Notarial Power of Attorney in 2026
The cost of a notarial power of attorney consists of several components. The amount of the notary fee is regulated by the provisions of the Regulation of the Minister of Justice of June 28, 2004, on maximum notary fee rates.
The given amounts concern rates resulting from applicable regulations and do not account for possible legislative changes that may be introduced in 2026. As of the date of this publication, there are no regulations introducing new notary fee rates for 2026. This means that, as a rule, the current rates apply unless the legislator decides to change them.
Preparation of a Notarial Power of Attorney
In practice, the content of the notarial power of attorney is prepared by the notary, who is responsible for the proper preparation of the notarial act and adapting the scope of authority to the planned legal act. For the preparation of a notarial power of attorney to be possible, it is necessary to provide the notary with specific documentation and information.
Expiration and Revocation of a Notarial Power of Attorney
As a rule, a notarial power of attorney does not have an indefinite term. It expires under certain conditions. Regardless of the above, the power of attorney may be revoked at any time by the principal.
Summary
A notarial power of attorney is required whenever the legal act to be performed by the attorney-in-fact requires the form of a notarial act. The cost of such a power of attorney in 2026 is regulated by provisions on notary fees and, as a rule, remains at the current level unless the legislator decides to change the rates.
Frequently Asked Questions
Q: When is a notarial power of attorney required? A: When the attorney-in-fact is to perform an act requiring the form of a notarial act.
Q: How much is the notary fee? A: The notary fee is generally 30 zł or 100 zł, increased by VAT.
Q: Can a notarial power of attorney be revoked? A: Yes, as a rule it can be revoked at any time.
Q: Can the scope of authority be limited? A: Yes, provided that the scope of authority has been clearly defined in the notarial act.
