In Germany approximately 90 percent of the people have not chosen a person to act on their behalf in the event of a life changing incident.
What e.g. happens should your partner be unable to take care of themselves or make decisions? Simple, German courts will automatically step in and take over!!!
This can be avoided by giving your partner full authorisation to handle your affairs, thus making decisions financial or otherwise.
The three biggest misconceptions
Misconception number 1 - "This issue just concerns elderly people."
No! Anyone over the age of 18 can be affected.
People who are no longer able to manage their own affairs will become subject to personal care. This often happens due to disability, physical/ mental illness and accident. Illness and accidents can apply to anyone, at anytime, anywhere. "It will only ever happen to the others", the question you have to ask yourself, "Who are the others?"
Statistics show that there is no discrimination on age.
- 26.5% at the age of 18 - 39 years
- 47.0% at the age of 40 - 69 years
- 26.5% at the age of 70 years and older
source: Zwischenbericht ISG Köln
Misconception number 2 - "I am married, my spouse will take care of everything, I don't need to worry."
Unfortunately, not!
In accordance with §164 as also §662 of the German Civil Code (BGB), valid legal transactions for persons of legal age can only be executed by a person in possession of valid Power of Attorney. Marriage partners, relatives and family members are not automatically entitled to act as a legal representative!
Should you suffer from a mental illness or physical, mental or emotional disability and can no longer take complete care of your affairs, the Custody Courts will appoint a supervisor to represent you, in accordance with §1896 (1) BGB.
Misconception number 3 - "The court appoints my spouse to handle my affairs - all sorted!"
No, as this is what your partner can expect!
- To list all assets and all your financial means
- Submit an annual report on your incomings and outgoings
- Show full records on all your expenditure i.e. house costs, living expenses, etc.
- Additional expenses for your medical needs or further auxiliaries require the court's approval!
- Future well-being plans require the court approval!
- Should you need further care (e.g. at home) or be moved to a medical institution, this must be applied for through the court, which will assess your request!
In addition, all assets and accounts are separated and the court must be constantly updated or are to be approached for planned expenses, meaning that many decisions that concern your well-being and important aspects of the caretaker's life require consultation with the courts before being executed.
Solution
Power of Attornies,
as otherwise German courts appoint an official legal guardian to take care of the person's matters, should he/she be of legal age and incapacitated due to sickness / disability.
Legal text:
(1) If a person of full age, by reason of a mental illness or a physical, mental or psychological handicap, cannot as a whole or in part take care of their affairs, the custodianship court, on application by that person or of its own motion, appoints a custodian for them. The application also may be made by a person incapable of contracting. To the extent that the person of full age cannot attend to their affairs by reason of a physical handicap, the custodian may be appointed only on application by the person of full age, unless the person is unable to make their will known.
[German Civil Law §1896(1)].
In association with our legal partner JURADIREKT, you will be able to arrange all necessary legal documentation, keep these up to date on a year basis and without having to worry about lawyer, notary or addtional expenses, such as service or translation fees.
Power of attorney
The power of attorney is used exclusively in the event of illness, accident, old age or according to the explicit instructions of the person granting the power of attorney.
Legal basis:
A power of attorney is only legally effective as long as the authorised representative can present the original certificate when carrying out a legal transaction.
Guardianship Decree
Patient decree
A patient decree is necessary once a person is no longer able to form his/ her own will, or articulate it in a comprehensible way, yet wants to explicitly pre-determine medical care and treatment.
Reasons for having to use a Patient Decree:
No positive course of the illness is expected, or demise is foreseeable in the near future.
Prerequisites for the implementation of a Patient Decree:
Preliminary, it is not about emergencies, such as a rescue, unexpected revitalisation, e.g. during an operation, or situations in which there is a prospect of recuperation because in these situations in which there is a possibility that you will recover, everything medically possible will and must be done.
A Patient Decree is indispensable for the following circumstances:
- I am in all likelihood inevitably in the immediate process of dying
- I am in the final stage of an incurable, terminal illness, even if the time of death is not yet foreseeable
- as a result of brain damage,my ability to gain understanding has been irretrievably lost
- as a result of advanced brain degeneration (e.g. dementia), I am no longer able to take in food and fluids naturally, not even with constant assistance
- an untreatable permanent breakdown of vital bodily functions occurs
- permanent coma with no hope of regaining consciousness
- to the before-mentioned comparable illnesses or conditions become present
JURA DIREKT offer ...
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Our Service
We are the appointed broker for JURA DIREKT. We understand the sensitivity of this matter and have representatives who will work with you through all the application process. There are of course difficult questions but we can advise you to make the right choices, so, should this ever become reality, you will not have to worry about any aspect of what needs to be done next, as everything will be in place.
At a time when so much can change, we make sure that your spouse is still heard, and can focus on the things that matter the most.
