According to Article 562 of the 2015 Civil Code, a power of attorney contract is a document recording the agreement between the grantor and the grantee, whereby the grantor assigns tasks to the grantee to perform on their behalf within the scope and time of the authorization. The grantor is only required to pay remuneration if agreed upon or stipulated by law.
Therefore, authorization can be understood as the act by which an individual or legal entity agrees to act on behalf of another individual or legal entity to conduct civil transactions within a scope and timeframe agreed upon by both parties.
However, in cases where parents authorize their children to make a will, Clause 1, Article 48 of the 2014 Notarial Law must be applied.
Specifically, if the testator wishes to create a notarized written will, they must personally request the notarization of the will. This means they cannot authorize another person to request the notarization of the will on their behalf.
Parents are not allowed to authorize their children to make a will on their behalf.
Furthermore, according to Article 639 of the 2015 Civil Code, the testator may request a notary public to come directly to their residence to draw up the will. The procedure for drawing up a will at the testator's home is the same as the procedure for drawing up a will at a notary office as stipulated in Article 636 of the Civil Code.
Therefore, elderly parents who are unable to travel can request a notary public to come to their home to draw up a will in accordance with the law.
Therefore, the testator cannot authorize their child to draft the will and have it notarized on their behalf; they must do it themselves.
Source: https://vtcnews.vn/cha-me-co-duoc-uy-quyen-cho-con-lap-di-chuc-thay-ar906620.html
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