
German law offers you extensive options for making your own provisions to cover emergencies.
In particular, you can use an enduring power of attorney to appoint someone to manage your affairs in the event that you become unable to act or incapacitated. The enduring power of attorney can cover both highly personal matters and financial affairs. Highly personal matters primarily include determining your place of residence and all medical decisions.
The enduring power of attorney can also cover decisions on withholding or discontinuing life-sustaining medical treatment and, in this case, should be combined with a living will in which you specify when you wish life-sustaining measures to be carried out or withheld. If the enduring power of attorney covers not only highly personal matters but also all financial affairs, it is referred to as a general and enduring power of attorney. Issuing such a general and enduring power of attorney is usually desirable, as it eliminates the need for a court to appoint a guardian.
Additionally, parents can decide who should legally represent their minor children if they become unable to act or incapacitated or die.
If you want to make provisions for emergencies, in many cases it may be advisable to do so in notarised form. For example, if a general and enduring power of attorney is also intended to enable the authorised representative to sell or mortgage real property, the power of attorney must be drawn up in publicly certified form.
Furthermore, a notarised power of attorney enjoys the highest possible recognition in legal transactions. This is because notarisation ensures that the power of attorney correctly reflects the wishes of the person granting the power of attorney and that they are aware of the content of the power of attorney. We will be happy to advise you on all matters relating to powers of attorney and similar precautions.