Legal Planning: The advance care directive

Triggering Event:
A lasting power of attorney takes effect upon the loss of legal capacity: this situation can occur very suddenly in the event of an accident (coma, stroke) or gradually as a result of a progressive illness (dementia).

Contents of the Arrangement:
With a power of attorney for healthcare, you designate one or more trusted individuals to act on your behalf in the event of your incapacity. The scope of the arrangement can be comprehensive and typically covers three areas:

• Personal care: Matters of daily life such as living arrangements, support, or the organization of care.
• Financial management: Handling bank accounts, payments, tax matters, or real estate.
• Legal representation: Dealing with government agencies, insurance companies, or contractual partners.

What happens without a power of attorney:
Without a power of attorney, the competent Child and Adult Protection Authority (KESB) will assess the situation and, if necessary, order the appointment of a guardian. A suitable person will be appointed, who does not necessarily have to be from the person’s immediate circle. Even if family members are involved, this is done within the framework of legal requirements and not necessarily in accordance with the personal preferences of the person concerned. In addition, delays may occur, for example if preliminary investigations must first be conducted.

Formal requirements:
For a lasting power of attorney to be legally valid, clear formal requirements apply. It must either be written entirely by hand, dated, and signed, or be notarized. In the event of an emergency, the KESB will verify the document’s validity and formally put the power of attorney into effect.

Storage:
Of course, a lasting power of attorney will only have the desired effect if it can be found when needed. The document should be stored in a secure but accessible location, such as with personal documents or with a trusted person. Additionally, it is possible to have the storage location registered with the civil registry office. This ensures that the relevant authorities are made aware of the advance care directive in the event of an emergency and can act accordingly.

In partnership with LegacyNotes, we are now offering a digital assistant on Economico to help you create a health care proxy. Shape your future according to your wishes!