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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.

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  • Central register for enduring powers of attorney of the National Association of Notaries

    You can register your health care proxy or care directive - as well as a living will - in the Central Register of Health Care Providers (ZVR) yourself or have it registered. The registration includes the essential data of the disposition, such as the name and address of the grantor of the power of attorney and the authorized person(s), information on the scope of the power of attorney, etc. The document in which you register your power of attorney for health care or care proxy is also registered in the ZVR. The document in which you have drawn up your providential deed is not deposited with the register.

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Procedure details

Power of attorney is the power of representation granted by a legal transaction. It is usually granted by declaration to the person to be authorized. Like any legal transaction, it presupposes the legal capacity of the person granting the power of attorney.

A power of attorney for healthcare gives you a high degree of self-determination in the event that you are no longer able to manage your own affairs. You nominate one or more people you trust who are prepared to act on your behalf if necessary. In the power of attorney, you can specify in detail which areas of responsibility it applies to and what powers the authorized representative should have. If there is an effective and sufficient power of attorney, the care court may not order legal care for you in its area of regulation.

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").

Federal Chamber of Notaries - Central Register of Lasting Powers of Attorney

You can register your lasting power of attorney in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries. This ensures that, in case of doubt, your power of attorney can be found by a guardianship court, which can then notify your authorized representative.

Application forms for registration can be obtained from the Bundesnotarkammer - Zentrales Vorsorgeregister or on the Internet (see "Further links"). You can also register online there (see link under "Online procedure").

You can also register your pension certificate by post or fax.

For reasons of clarity and probative value alone, the power of attorney must be drawn up in writing. It is highly advisable for the principal to inform the person or persons 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.

Lasting powers of attorney are usually so-called general powers of attorney, which authorize the proxy to represent the principal comprehensively in legal transactions and, for example, to manage the principal's financial affairs. Even if the legal transactions of the authorized representative did not correspond to the will of the principal, they would still be effective. As a rule, a health care proxy is only used when the principal is no longer able to control the proxy. A health care proxy therefore always carries the risk that the authorized representative will misuse it and use it to the detriment of the principal. For this reason, the principal should only grant such a comprehensive power of attorney to persons in whom they have absolute trust and who are also able and willing to act in accordance with the interests of the principal.

The advice of a lawyer or notary can be sought on questions relating to the content of the power of attorney, in particular its scope and extent.

The notarization of a power of attorney is not generally required, but is always necessary if the power of attorney is to entitle the authorized representative to take out loans.

If the authorized representative is to be entitled to sell real estate belonging to the principal or to purchase real estate for the principal, the signature under the power of attorney must be certified by the notary or the registrar of the guardianship authority.

Notarization fees are charged for the notarization of an enduring power of attorney, 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 these assets. For example, if the principal has assets amounting to e.g. 150,000 euros, the business value of the power of attorney is between 45,000 and 75,000 euros. With a business value of 45,000 euros, the notary fee is 155 euros. 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. For example, the fee for an Internet registration by a private individual is EUR 20.50 if direct debit is chosen. A detailed list of the costs can be found on the website of the Central Register of Lasting Powers of Attorney (see "Further links").

Status: 22.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
Source: Federal Portal
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