Lasting power of attorney; information on drawing it up

With a power of attorney, you can make provisions in the event that you are no longer able to manage your own affairs, for example as a result of an accident or illness.

With a health care proxy, you determine who can 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.

By granting a power of attorney, it is usually possible to avoid the appointment of a guardian and the associated court proceedings.

The so-called care directive is to be distinguished from the power of attorney for healthcare. 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 health care proxy in the information brochure "Precautions for accidents, 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 for the principal to inform the person or persons whom he wishes to authorize of his intention in advance of granting the power of attorney and, if necessary, to involve 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 requires public certification or notarization of the power of attorney for certain legal transactions.

For example, certification of the signature under a power of attorney is necessary 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 authorized representative 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 be authorized 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 granted. 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").

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

Notarization fees are charged for the notarization of a power of attorney for health care, 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 the deed includes a living will or care directive.

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 20 and 70 euros. 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 Powers of Attorney. The amount of the fee depends on the way in which the notification 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").