Power of attorney

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Should you become unable to make decisions independently due to an accident or illness, a power of attorney provides excellent protection. Legal matters can be handled by a trusted person of your choosing through this document. We will explain below how to draft a power of attorney and what provisions you should consider.

What is a power of attorney?

What is a power

of attorney?

A power of attorney for health care and personal welfare is similar to a contract you conclude between yourself, as the grantor, and a trusted person of your choosing, the attorney-in-fact. The power of attorney serves as a precautionary measure: Should an adult become dependent on care due to illness or a physical or mental disability and thus be unable to manage certain affairs, the power of attorney for health care and personal welfare comes into effect. With a power of attorney for health care and personal welfare, a person you designate, usually a relative or trusted individual, is granted the right to act on your behalf. Since the authorized person acts as your representative, the Federal Ministry of Justice advises choosing someone you trust completely when granting a power of attorney for health care and personal welfare. For the power of attorney for health care and personal welfare to be valid, the requirement of legal capacity (being of legal age) must be met.

What does a power of attorney for

healthcare decisions look like?

What does a power of

attorney for healthcare

decisions look like?

A template for a power of attorney for healthcare decisions can be found at the Federal Ministry of Justice. First, you must record your personal details in writing. Then, you must provide the name, date of birth, address, etc., of the person you wish to represent you. The power of attorney is divided into various sections. For example, you can decide whether your representative should be authorized to make further decisions regarding your:

Healthcare
Housing matters,
Asset management
Real estate transactions and other
may determine legal transactions.

Finally, you as the grantor and your trusted person (attorney) must date, place and sign the power of attorney.

A power of attorney only needs to be notarized if it involves real estate transactions or corporate dispositions. However, notarization proves the authenticity of the document. You should expect additional fees for notarization. The guardianship authority of the city administration can also certify a power of attorney.

To ensure that the power of attorney is accessible in an emergency, the authorized person should possess the original document. Additionally, you can register the power of attorney with the Central Register of Powers of Attorney of the Federal Chamber of Notaries. A small fee applies for this, but in an emergency, the guardianship court can access your power of attorney through the register.

No power of attorney – who decides?

No power of attorney

who decides?

If no advance healthcare directive or living will has been submitted, a guardian will be appointed by the guardianship court. The court also examines in which matters a legal guardian must be appointed. The appointed guardian will attempt to respect the patient’s wishes. This will enable the patient to participate in public life and legal transactions as fully as possible.

What is the difference between a power of

attorney for healthcare and personal welfare?

What is the difference

between a power of

attorney for healthcare

and personal welfare?

Advance healthcare directive and guardianship directive?

Advance healthcare

directive and

guardianship directive?

A power of attorney, advance healthcare directive, and living will are different options for avoiding the court-appointed guardianship of a stranger. However, the documents differ as follows:

Advance directive for guardianship: In an advance directive for guardianship, you can nominate several people as your guardian and also specify who should absolutely not be your guardian. This will then be reviewed by the guardianship court and the guardianship authorities. Therefore, if you wish to nominate guardians and want court oversight of the selection process, you should create an advance directive for guardianship.
Advance healthcare directive: With an advance healthcare directive, you choose a person who is authorized to make decisions on your behalf in certain matters. The authorized person has a different legal position than a court-appointed guardian. You define the rights of the authorized person in more detail within the advance healthcare directive itself.
Advance directive: In an advance directive, you express which medical measures should be taken by doctors if you are incapable of giving consent.

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