Lasting power of attorney; information on drawing it up

With a health care proxy, you determine who may represent you if necessary. You can also give instructions on how your affairs should be managed. The power of attorney for healthcare thus enables a high degree of self-determination.

The appointment of a guardian and the associated court proceedings can usually be avoided by granting a power of attorney.

The so-called care directive is to be distinguished from the health care proxy. This does not authorize representation in legal transactions. Rather, it sets out wishes in the event that - because no power of attorney has been granted - a guardian has to be appointed (for further information, see "Related topics").

You can find more detailed information and suggested wording on the power of attorney for long-term care in the information brochure "Vorsorge für Unfall, Krankheit und Alter" ("Provision for accident, illness and old age") from the Bavarian State Ministry of Justice, which you can download free of charge (see "Related links"). In addition, the advice of a lawyer or notary can be sought on questions regarding the content of a power of attorney.

For reasons of clarity and probative value alone, the power of attorney should be drawn up in writing. The power of attorney does not have to be handwritten, but should be dated and signed by hand. You can also use a sample form when drawing up a power of attorney. It is advisable that the person granting the power of attorney informs the person or persons they wish to authorize of their intention in advance of granting the power of attorney and, if necessary, includes them in the drafting of the power of attorney.

Although the principle of freedom of form applies in principle to powers of attorney, the law does require the power of attorney to be publicly certified or notarized for certain legal transactions.

The signature under a power of attorney must be notarized, for example, if the authorized representative is to be entitled to carry out real estate transactions on behalf of the principal. The power of attorney must be notarized if the power of attorney is to authorize the proxy to take out a loan. The signature of the principal can be notarized by a notary or a guardianship authority (for more information on notarization, see "Related topics").

You determine the scope of the power of attorney yourself. It is advisable to precisely specify the areas of responsibility for which the power of attorney is to authorize and not to authorize the proxy "to represent you in all matters" (so-called general power of attorney). This applies in particular as the law requires in some cases (e.g. for consent to measures involving deprivation of liberty or organ donation) that the written power of attorney expressly specifies the authority.

A power of attorney for precautionary measures may give the authorized representative very far-reaching powers. Even if the legal transactions of the authorized representative do not correspond to the will of the principal, they would still be effective. A power of attorney for healthcare therefore always carries the risk that the authorized representative will misuse it and use it to the detriment of the principal. Therefore, the most important prerequisite is your trust in the person you wish to authorize.

You can register your power of attorney with the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries. This ensures that, if necessary, the court or doctor will find out from the register that a power of attorney has been established. The court will then not appoint a guardian because an effective power of attorney within its scope generally makes guardianship unnecessary.

Further information and an application form for registration can be obtained from the Bundesnotarkammer - Zentrales Vorsorgeregister (see "Related links" and "Related topics").

• Power of attorney form

  The Bavarian State Ministry of Justice offers a sample form for a health care proxy as a PDF document. Once downloaded, the form can be printed out, completed and signed.

There are no costs for the preparation of a private power of attorney.

Notarization fees are charged for the notarization of a health care proxy, which are based on the value of the assets of the principal, but amount to a minimum of 60 euros and a maximum of 1,735 euros. Depending on the structure of the power of attorney, the transaction value of the power of attorney is between 30 and 50 percent of the assets of the principal. The fees may be higher if a living will or care directive is included in the document.

If the notary only certifies the signature under a power of attorney declaration that you have brought with you, the fee again depends on the assets of the principal and is between EUR 20 and EUR 70. The fee for notarization by the guardianship authority is set by law at 10 euros.

The Federal Chamber of Notaries charges fees for registration in the Central Register of Lasting Powers of Attorney. The amount of the fee depends on the way in which the registration to the register (Internet or post) and the billing are carried out. A detailed list of the costs can be found on the website of the Central Register of Lasting Powers of Attorney (see "Related links" and "Related topics").

• Law on costs of voluntary jurisdiction for courts and notaries (Court and Notary Costs Act - GNotKG) - List of costs
• Statutes on fees in matters relating to the Central Register of Precautionary Powers (Register of Precautionary Powers Fees Statutes - VRegGebS)
• § Section 1820 of the German Civil Code (BGB)

  Healthcare proxy and control care

• Bavarian State Ministry of Justice
• Brochure "The guardianship law"
• Brochure "Precautions for accidents, illness and old age"
• The great pension advisor
• Central register of precautionary measures (ZVR)

  The Central Register of Lasting Powers of Attorney (ZVR) is the registration office for private and notarized powers of attorney, care directives and living wills from all over Germany.

• Advance care directive; information on drawing it up
• Lasting powers of attorney and care directives; application for certification