Notary fees cannot be levied or negotiated at the will of the notary; they are strictly regulated by law. Decisive is the Court and Notary Fees Act that applies throughout federal territory. Therefore, the same fees are always charged by each notary for the same notarial activity.
The notarization fees are based on the so-called commercial value; in the case of a general power of attorney and healthcare enduring power of attorney, the commercial value is half of the current assets of the appointer, excluding deduction of the debts, whereby a maximum value of € 1,000,000.00 per appointer may be charged according to the Court and Notary Cost Act. The costs for consultation and draft creation as well as changes to it are included in the notarization costs. In addition, there are usually some additional small expenses for copies, postage and telephone as well as the statutory value-added tax.
Examples for a general and durable health care powers of attorney without patient’s living will provision and health care proxy mandate:
|Commercial value:||€ 25.000,00||Net notary costs ca.||€ 120,00|
|€ 50.000,00||€ 170,00|
|€ 100.000,00||€ 280,00|
|€ 200.000,00||€ 440,00|
|€ 300.000,00||€ 640,00|