Select your location for location specific information:
Advance care directive; information on drawing it up
Anyone can use a care directive to make precautionary arrangements for a later care case.
Responsible for you
Bayerisches Staatsministerium der Justiz
Secure contact form
Street address
Prielmayerstr. 7
80335 München
Postal address
80097 München
Phone
Website
Opening hours
Standort im BayernAtlas
Route planner
Timetable for public transport
Procedure details
Description
If you require a guardian to manage your affairs, the court will also hear you as part of the guardianship proceedings on the question of who you would like as your guardian. If you are no longer able to express yourself, the court must take into account any wishes you have previously expressed. This is best done in a written advance care directive, also known as a "care directive". In it, you can specify who should be your guardian. However, you can also specify who should not be considered as a caregiver under any circumstances.
In addition to any wishes regarding the person of the caregiver, you have the option of specifying further requirements for a later care case in a care directive. For example, you can make instructions on the following questions:
- Do I want to maintain my standard of living in the event of care? Should my assets be used up if necessary?
- Do I want to live in a particular home if I have to go into care?
- Who would I like to be looked after by in the event of needing care?
However, as I said, these are only suggestions. Your individual situation is decisive.
You can find more details and the form for a care directive in the information brochure "Precautions for accidents, illness and old age" (see "Related links").
Requirements
For reasons of proof alone, the care directive should be drawn up in writing and signed by you with the place and date.
Anyone who has a care directive drawn up by another person is obliged to hand it over to the care court after becoming aware of the initiation of proceedings for the appointment of a caregiver. Advance care directives can be registered with the Central Register of Advance Care Directives of the Federal Chamber of Notaries for a small fee (see "Further links").
Anyone who has a care directive drawn up by another person is obliged to hand it over to the care court after becoming aware of the initiation of proceedings for the appointment of a caregiver. Advance care directives can be registered with the Central Register of Advance Care Directives of the Federal Chamber of Notaries for a small fee (see "Further links").
Legal bases
-
§ 1814, 1821 Bürgerliches Gesetzbuch (BGB)Bestellung einer natürlichen Person
-
§ 1816 Bürgerliches Gesetzbuch (BGB)Schriftliche Betreuungswünsche, Vorsorgevollmacht
-
§§ 78a ff. der BundesnotarordnungBundesnotarkammer
Related links
-
Zentrales Vorsorgeregister (ZVR)Das Zentrale Vorsorgeregister (ZVR) ist die Registrierungsstelle für private sowie notarielle Vorsorgevollmachten, Betreuungsverfügungen und Patientenverfügungen aus dem ganzen Bundesgebiet.
Related issues
-
Supervision; information on official supervisionThe guardianship authority can be appointed as a guardian by the guardianship court itself under strict conditions.
-
Living will; information on stipulationsIn a living will, you can set out in writing in advance your wishes regarding the type and manner of medical treatment in the event of your own incapacity to make decisions.
-
Legal support; submission of a proposal for appointment
The legal institution of guardianship exists for adults who are unable to manage their own affairs in whole or in part due to illness or disability.
-
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.
-
Registering health care proxies and advance care directives in the central register of health care proxies
If you have set up a power of attorney and/or a care directive, you should register it in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries.
Status: 05.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
Contains machine translated content.
Show the original content