Provide for the worst case — so that people you trust may act for you in an emergency.
A sudden or age-related illness or accident can mean you are no longer able to handle your personal affairs yourself. The next of kin or spouse cannot automatically act for the person concerned. It is therefore advisable to make provisions.
We notaries prepare powers of attorney and directives tailored to the specific case. This guarantees that the powers take effect in an emergency — especially towards banks, authorities and in land register dealings.
Provision documents are registered in the Central Register of Provisions of the Federal Chamber of Notaries in Berlin so that they are found and observed when needed. The register is queried more than 20,000 times a month by guardianship courts across Germany.
Templates often do not reflect individual circumstances and are not always accepted in legal dealings — e.g. for property or towards banks. A notarial power of attorney offers the greatest security.
Without one, the guardianship court appoints a carer — possibly a stranger. With a power of attorney, you decide yourself who acts for you.
The power of attorney determines WHO acts for you. The living will sets out WHICH medical measures you want or refuse. The two complement each other.