As of: February 25, 2024, 11:30 a.m
By: Josef Ametsbichler
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Press
Split
“We have the very serious cases of abuse of power of attorney up to and including embezzlement two, three, five times a year.
This often only comes up when a professional supervisor looks at the matter”: Elfriede Melbert.
© Stefan Rossmann
With a power of attorney, the most important decisions are placed in the hands of someone you trust.
However, if the power of attorney falls into the wrong hands, it can have devastating consequences.
District
– The district office strongly recommends that you take care of everything well in old age when your strength weakens.
A power of attorney can help to place the most important decisions in the hands of someone you trust.
The case of a senior citizen from Ebersberg, whose nephew is on trial, recently made headlines: he is said to have plundered the now deceased man's account until he became penniless - thanks to such a power of attorney.
Elfriede Melbert from the care center at the district office gives tips so that the precautionary event does not turn into a nightmare.
Ms. Melbert, who should think about a power of attorney?
In principle everyone, this starts with their 18th birthday.
If I can no longer act legally due to illness or an accident, perhaps only for a while because I am in a coma.
Then I need someone to act for me.
Not just medically, but who may also submit applications to the authorities or clarify financial questions.
Initially this can be the parents, later the life partner or the offspring.
If you have someone you trust to act on your behalf, a power of attorney is the best option.
You can design completely freely and independently.
What happens without a power of attorney?
The alternative is legal representation, in which a court decides who represents you.
This works very well in the vast majority of cases.
But you may end up with someone you didn't want, even if it's your spouse.
The issue of violence in marriage – a court is not all-knowing.
That's not the only reason why it's so important to come to terms with the realization: At some point my strength will weaken.
Even if it's uncomfortable.
How do I best prepare?
Think about how you envision your care.
Whatever is financially feasible.
Write down your wishes.
Find out from independent bodies in good time.
During consultation, we sometimes come to the conclusion that a care order may be the better solution.
In it you specify who should represent you - but the court decides when that is the case, so we have a little more control.
The state does not interfere with the power of attorney.
Who will give me good advice?
The places whose job it is.
For example, for the care of the care base and for preventive care by the care association or us in the care center.
There are also black sheep among commercial consultants who make money from uncertainty.
But that doesn't apply across the board - many lawyers do a very good job.
In the end, the advice was good if you understood exactly what you were signing.
If you can summarize it in your own words.
There are no dumb questions.
Anyone who doesn't have this patience when explaining is not the right person to talk to anyway.
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In your opinion, what are the worst mistakes when granting power of attorney?
The classic way things go wrong goes like this: Someone tries to get by on their own for a long time.
At some point that won't work anymore.
Then things get tight and you fall for people who promise you the best of luck.
People from the area who might be able to help with small things like shopping.
But when it really comes down to something, they are no longer there - and sometimes prevent any help.
That sounds like inheritance fraud.
Money corrupts.
Unfortunately.
So a relationship of trust that has developed over decades is important.
Yes.
These don't necessarily have to be relatives, but can also be good friends or neighbors.
You also have to be prepared to give up responsibility.
There will never be someone who will handle everything exactly the way I want it to be at that point.
To this day I still can't please my own mother when it comes to making pasta water.
And my partner peels the tomatoes incorrectly.
What is crucial is that the authorized representative has my well-being in mind.
I have to deal with this in good time, while my mind is still flexible.
Otherwise it can go wrong.
I have already seen cases in which the cleaning lady was given a power of attorney to get money from the bank.
Without wanting to accuse the woman of anything - but that's crazy!
Out of necessity, decisions are made that are much more far-reaching than those involved think.
Are people too trusting of strangers?
During home visits, I often find myself being let straight into the apartment when I hear the words “I’m coming from the office.”
After 20 minutes I know what people have in pensions and what else they earn.
And where the safe is.
I consciously wait to be asked for my ID.
I rarely hear them.
Hardly ever.
If I want to take it to the extreme, I put some piece of paper down and ask for a signature.
To confirm that I was there.
I get this about 50 percent of the time without the person concerned even checking who I am.
For me, these are tests to assess a situation.
And many people are burning brightly.
How can I further protect myself?
If you don't have anyone, you should ask yourself whether it makes sense to cut back.
In order to expose yourself to less danger – perhaps it would be better to give up the house and move into assisted living in good time.
Where does the abuse of powers of attorney begin?
The moment one authorized representative begins to consider the other person's money or house money as his - even though he is still alive.
We can't say exactly how carefully people actually handle it.
Basically, what's really important is: The principal's money doesn't belong to me!
Not even if I'm the heir.
I may only use it for the person granting the power of attorney, with the exception of a marginal expense allowance.
What is the potential for abuse?
Many control options lie in the choice of care circumstances.
You can save money there.
...that doesn't take away from the legacy.
Exactly.
There was the case of a senior citizen from a rural community here in the district who was placed in a foreign home.
Neighbors pointed out to us that the severely demented woman was in the apartment with virtually no heat or food.
The authorized representatives live somewhere else entirely.
And then the woman came to the Czech Republic.
The homes are cheaper there.
Whether that corresponds to your wishes: questionable.
But our hands are tied.
Saving on your inheritance is one thing.
Tuning up your car with the money of someone who is still alive, as is said to have happened in the case described at the beginning, is another.
We have the very serious cases of abuse of power of attorney up to and including embezzlement two, three, five times a year.
This often only comes about as a result of a change, for example when a professional supervisor takes a look at the matter.
Because other things stopped working.
We recently had the case of an elderly lady who was so poorly cared for that she was reported to the police.
If something is wrong, we are grateful for such tips from those around us.
The person authorized to power of attorney was a former neighbor who was apparently primarily interested in receiving the care allowance.
That's 200 to 500 euros without any service - the woman has long since lived somewhere else.
We had to fight hard until the pressure took effect.
So there is a huge number of unreported cases of less serious cases?
No plaintiff, no judge.
We do not know that.
Can incompetence and abuse be clearly distinguished?
This is often difficult.
Caring for someone who can no longer do it themselves is no easy task.
Every caring relative knows this.
Our entire system suffers from far too much bureaucracy.
Sometimes you can't blame people for being overwhelmed or looking for practical solutions.
The relatives often also struggle with defense.
Especially in the case of dementia, when one's own situation is no longer correctly assessed.
What does that mean?
If someone doesn't want to leave their apartment but actually needs 24-hour care, it is morally and humanly very difficult to go against their will.
We advise you to seek help; there are a lot of advice options in the district, including home visits.
The responsibility can seem overwhelming for an authorized representative.
Then you risk losing him because he says: I can't do this anymore.
The person granting the power of attorney should also consider this when formulating their wishes.
They must also be achievable – organizationally and financially.
And you should discuss the relationship well with each other.
Abuse, incompetence, helplessness.
You can get really scared there.
How can you take this fear away from people?
We are experienced consultants and we discuss it. We ask, we can design.
For example, with a power of attorney so that someone can keep an eye on the person who actually has the power of attorney.
Just one thing please don't: give someone a power of attorney out of fear of a professional supervisor or because it has to be done quickly.
We have the networks and the know-how.
The power of attorney is a great way to regulate things yourself.
If you think about it early on.
This is difficult for many people.
But pushing it aside is the wrong approach.
I can only appeal: get advice!
Free advice
at the district office's care center, Tel. (0 80 92) 823-653, email: sorgeberatung@lra-ebe.de.
The non-profit care association “Brücke Landkreis Ebersberg” also offers free advice on telephone (0 80 92) 307 29 19 or by email info@betreuungen-ebersberg.de.