
What exactly is specified in the power of attorney?
It specifies by whom, what and how something is to be arranged in an emergency. It should contain the name of the authorized representative as well as specific information on which tasks are to be carried out in which way in an emergency.
Why is this document so important?
"If, for example, someone lies unconscious in hospital for a long time after a traffic accident, they have no chance of appointing people they trust to take care of the necessities of life. Parents or partners are not automatically the authorized representatives. If no precautions have been taken, the statutory guardianship procedure will be initiated and the guardianship court will appoint a guardian. If you want to prevent this and decide for yourself who will act on your behalf in an emergency, you should therefore write a power of attorney at an early stage."
Which points should definitely be included?
"The authorized representative should be able to handle all financial matters for the principal so that they can pay bills and apply for social benefits if necessary. It is best to set up separate powers of attorney for this directly with the bank. The authorized representative should also be allowed to have a say when it comes to medical matters, including questions about life-sustaining measures. He or she should also have a say when it comes to the principal's home or residence, for example if a move to a care home needs to be organized."
What formalities do I need to observe when completing it?
"The power of attorney is not subject to any special regulations. It does not have to be handwritten, and a notary is only required if the authorized representative is to be allowed to sell property. The date of the power of attorney and the identity of the parties involved are important. It only needs to be signed by the principal, a copy should then be given to the authorized representative."