Bevollmächtigters

Bevollmächtigter is a person who is authorized to act on behalf of another person, the principal, under a Vollmacht (power of attorney). The Bevollmächtigter acts in the name of the principal and is bound by the instructions and the scope of authority granted. The relationship is a form of legal representation that does not require the Bevollmächtigter to be related to the principal by family or employment.

Scope and types of authority can vary. A Vollmacht may be broad (Generalvollmacht) or limited to specific transactions (Spezialvollmacht). Some Vollmachten grant ongoing authority for a range of matters, while others confine the Bevollmächtigter to a single act or a defined set of acts. The exact powers depend on the grant and any accompanying instructions.

Form and creation are flexible in principle. A Vollmacht can be given in writing, orally, or implied by conduct, though written form is common for evidentiary reasons and for important transactions. Certain acts, such as real estate or highly sensitive dealings, may require additional formalities or documentation. The Bevollmächtigter acts strictly within the scope of the granted authority and cannot bind the principal beyond that scope.

Liability and duties include the obligation to follow instructions and act in the principal’s best interests. Acts within the granted authority generally bind the principal. If the Bevollmächtigter exceeds authority or performs negligent or illegal acts, liability may arise toward the principal or third parties, and the principal can later ratify or reject specific acts.

Termination and revocation occur at the principal’s will or upon the lapse of the granted authority. Death, insolvency, or revocation by the principal ends the Bevollmächtigter’s authority. The concept of Bevollmächtigung is used across German-speaking legal systems, with variations in formality and scope.