Lasting power of attorney

Family members, friends and other trusted individuals can make decisions on your behalf by power of attorney if you are no longer able to do so yourself. Depending on how comprehensive the lasting power of attorney is, the authorised representative can, for example, manage your assets, make medical and care decisions, arrange for you to move into a nursing home, handle housing matters, deal with your post or carry out administrative tasks.

A lasting power of attorney offers comprehensive options for having third parties make decisions on your behalf should you no longer be able to do so yourself. You can draw up lasting powers of attorney for areas including asset management, healthcare, care needs and matters relating to residence and housing. Unlike a guardianship order, the authorised representative is not subject to court supervision.

A living will is addressed directly to medical staff. Unlike a lasting power of attorney and a healthcare proxy, a living will relates solely to medical care. In a living will, you specify in advance which treatments and therapies are desired or unwanted should you become unresponsive. These include, for example, artificial ventilation and feeding, pain relief measures and resuscitation attempts. With a living will, you do not therefore authorise any person to act on your behalf. This requires an additional lasting power of attorney or healthcare proxy.

A healthcare proxy makes sense whenever you do not trust anyone enough to grant them a lasting power of attorney. In a healthcare proxy, you can suggest potential carers and set out your instructions and wishes for the event that care is required. In contrast to a lasting power of attorney, the carer must first be appointed by the guardianship court. Unlike with a lasting power of attorney, the carer’s actions are then supervised by the court.

You determine the timing yourself. For example, you can specify that a lasting power of attorney comes into effect immediately or only becomes effective when you are no longer able to manage your own affairs due to your physical or mental condition.

Any person of legal age and with legal capacity can be appointed as an authorised representative. You should trust this person to make decisions in your best interests. The authorised representative should know you well and, if possible, live in your local area. Of course, you can also appoint different authorised representatives for different areas. In that case, however, please ensure that the roles are clearly defined. It is also a good idea to name a substitute in each instance should the authorised representative be unable to act.

With a lasting power of attorney, you appoint a trusted person to make decisions on your behalf if you are no longer able to do so yourself. You can also draw up several lasting powers of attorney for different areas of your life. In this case, it is important that the powers of attorney are clearly distinguished from one another in practical terms.

You can also entrust a single person with far-reaching powers. Depending on how comprehensive your lasting power of attorney is, the authorised representative can, for example, manage your assets, make medical and care decisions, arrange for you to move into a care home, handle housing matters, deal with your post or deal with official bodies.

Yes, the form is not regulated by law. However, a written lasting power of attorney is highly advisable: this is the only way you can clearly record your wishes. This can be particularly important for the authorised representatives when representing your interests externally: in the event of any uncertainty, they can refer to the document.

With a lasting power of attorney, you appoint a trusted person to act on your behalf in important areas of your life if you are no longer able to do so yourself. This person knows you and your views well and will act in your best interests. You can be confident that you will retain a high degree of self-determination despite serious mental or physical illness. Without a lasting power of attorney or a healthcare proxy, the court will appoint a legal guardian for you. This guardian may not carry out your wishes in the same way that a trusted person would.

The authorised representative is not subject to judicial oversight and may, under certain circumstances, abuse the power of attorney. In addition, the power of attorney is not always accepted without reservation. Banks, in particular, often require an additional power of attorney for banking matters. In this case, having the power of attorney notarised can help.

In general, no. However, there is a fee for notarisation, which is based on the value of the estate. The value of the estate is generally calculated as half of the principal’s existing asses, without deducting debts. For instance, a power of attorney document costs 75 euros for assets of 20,000 euros, 165 euros for 100,000 euros, and 535 euros for 500,000 euros. The fee is capped at a maximum of 1,735 euros. You can obtain binding information on the costs of notarisation from notaries.

Powers of attorney can be registered, subject to a fee, in the Central Register of Advance Directives at the Federal Chamber of Notaries. Registration is advisable to prevent a court-appointed guardian from being appointed unnecessarily, even though you have already appointed one. It’s important to keep lasting powers of attorney with your personal documents so that they can be easily found by your relatives in an emergency.

You can find the current costs on the website of the Central Register of Advance Directives at the Federal Chamber of Notaries.

Notarisation is not strictly necessary – unless the lasting power of attorney relates to the purchase or sale of property, land or businesses, the renunciation of an inheritance or taking out a loan.

Lasting powers of attorney, healthcare proxies and living wills can be registered in the Central Register of Advance Directives at the Federal Chamber of Notaries. They are listed there under the collective term ‘lasting powers of attorney’. If, for example, a life-threatening operation is required for a patient who is unresponsive, the hospital will apply to a court to appoint a guardian who must make a decision on the patient’s behalf. The court will check the records and provide the hospital with the details of the authorised representative to whom it can turn.

Age is irrelevant. You never know when you might have an accident and need help. Therefore, even young adults should consider who should manage their affairs in such a situation. The only requirement is that you are in a good physical and mental health, so that there can be no doubt about your legal capacity.

You can set the duration individually. For example, it can extend beyond your own death. This is particularly useful for banking matters. People who have inherited funds can only access your account after a lengthy waiting period with a certificate of inheritance. If the authorised representative has access to your account beyond your death, they can immediately cancel standing orders and object to direct debits.

Yes. Review and update your lasting power of attorney approximately every two years. Consider whether your authorised representative is still a suitable choice and whether your wishes regarding your care are up to date.

A lasting power of attorney can generally only be revoked by the person granting it. However, if the authorised representative misuses the power of attorney and, for example, personally enriches themselves at the expense of the person granting the power of attorney, the directive can be reviewed by a local court and declared invalid. In principle, any relatives, friends or acquaintances may request such a review if they suspect misuse.

Only indirectly. Through a lasting power of attorney, you allow the authorised representative to make decisions on your behalf. Among other things, you can delegate the decision as to whether or not the authorised representative should consent to organ donation. With a living will, by contrast, you can expressly consent to organ donation.