As of: February 7, 2024, 4:00 p.m
By: Carina Blumenroth
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It's bureaucracy, but it can give those affected and their relatives security: the power of attorney.
This regulates who should take care of what.
Your entire life can change from one second to the next.
An accident, illness or old age can mean that you are no longer able to manage your own affairs.
If you have not made any preparations, your relatives may be faced with difficult decisions.
For example, they are not authorized to represent you in banking transactions or similar matters.
However, with a plan and the right preparation, you can prevent this.
What actually is a power of attorney?
With a power of attorney you can decide who should look after your needs if you can no longer do so.
© Herrmann Agency Photography/Imago
As a rule, every person who has reached the age of 18 has full legal capacity.
This means that you can open accounts independently and conclude important purchase or loan agreements, informs the
Federal Agency for Civic Education
.
With a power of attorney you can appoint a person who can handle your affairs if you are no longer able to do so.
Who can become an authorized representative?
All persons aged 18 and over who have full legal capacity can become authorized representatives.
It is important that you choose a person you trust completely, as the power of attorney can also be exploited.
Can several people be authorized?
Yes, you can also issue the power of attorney to several people.
However, the
consumer advice center
recommends filling out the power of attorney in such a way that each authorized person is able to act on their own.
Otherwise, the authorized representatives would always have to appear and make decisions together.
This can lead to disputes, among other things.
What is regulated by the power of attorney?
The health care power of attorney is about regulating who speaks to doctors and the health insurance company, for example.
Who can take care of your apartment, insurance and subscriptions.
You also decide who manages your account.
In practice, however, it makes sense to issue an additional power of attorney for an account or bank in addition to the power of attorney, informs
Stiftung Warentest
.
The background is that many banks do not recognize a power of attorney.
Which matters are usually regulated by the power of attorney:
property
Bank/savings bank
Insurance
communication
Authorities/judiciary
Apartment
Health/care
Restriction of freedom
It is also conceivable that you can divide sub-items and only authorize people for certain areas.
For example, one person for official matters, another person for health matters.
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Health care power of attorney: Do I need a living will?
It makes sense to have a special living will because it records your wishes regarding what medical measures should be taken.
If there is a living will, the authorized person is responsible for ensuring that it is adhered to.
If there is no living will, the authorized person makes the health decisions.
All decisions are made in the “presumed will” of the person giving the power of attorney,
Stiftung Warentest
informs .
The
consumer advice center
points out that you should definitely make sure that the power of attorney contains a clause that states that the power of attorney should apply even after death.
In this case, the funeral can also be planned, for example.
The power of attorney ends when the heirs revoke it.
Federal Chamber of Notaries (Central Pension Register) via notarial certification
“Overall, therefore, only notarial certification meets all the formal requirements that arise in individual cases for powers of attorney.
Especially in the case of potential use towards banks and authorities, the notarial form is also recommended.”
Where should the power of attorney be kept?
If you have had the power of attorney notarized, it will be kept by the notary.
This can issue certified copies to the persons concerned.
It is also possible to store the power of attorney in the central pension register.
Registration costs a one-time fee of 20.50 euros.
In an emergency, doctors are allowed to query the central preventive care register for data, especially if there are no relatives or contacts available.
Courts may also ask whether there is a power of attorney for health care.
For example, it is impossible for another supervisor to be appointed.
What happens if there is no power of attorney?
If there is no power of attorney for health care, a guardian will be appointed by the guardianship court.
This task can be taken on by relatives, volunteers or professional carers,
ZDF informs today
.
Once the decision has been made, relatives usually cannot reverse it.
In order to decide for yourself who will take care of your affairs on your behalf, you should create a power of attorney.
Married couples have had emergency spousal representation rights since January 2023.
If there is no power of attorney for health care, the spouse can make all medical decisions in an emergency.
The right expires automatically after six months, informs
Stiftung Warentest
.