The power of attorney in case of emergency

Approximately 90% of people do not have power of attorney. This means that in an emergency, their decisions are made by others, and even family members cannot act in their best interests. Do you want German bureaucracy deciding your life? Or would you prefer someone you trust?

Powers of attorney and advance directives – don't these only concern elderly people? No, definitely not. Anyone who cannot manage their own affairs is considered a case for guardianship, for example, due to disabilities, physical or mental illnesses, or accidents. And the age distribution of those requiring guardianship is by no means a phenomenon exclusive to the elderly. People under the care of professional guardians include:

• 27% between 18 and 39 years old
• 47% between 40-69 years old
• 26% 70 years and older

And while 625,000 people were affected 25 years ago, today over 1.3 million people are receiving care (Stiftung Warentest, 07/2019).

“But can’t the partner or the children…?”

Unfortunately not. According to the law, legal transactions for adults may only be carried out by persons who possess a power of attorney. Neither partners, nor relatives, nor even children are authorized to represent them without a power of attorney.

If an adult is unable to make decisions about themselves and their life due to mental or physical limitations, the guardianship court appoints a guardian or ex officio German bureaucracy will now decide their fate . And as is well known, it is neither very fast nor particularly humane.

Power of attorney as a solution

If a legally valid power of attorney exists, the person in question can handle their affairs. This means that trusted individuals, with whom the person has had the opportunity to speak beforehand, can make decisions in their best interests. In my opinion, this is preferable to a caseworker for whom you are just an initial.

I don't want to scare you. I want to protect you from becoming dependent on our bureaucracy should the need arise. Through my work, I frequently deal with people who themselves, or whose relatives, have found themselves in difficult situations. Authorities order or block house sales as they see fit, often for reasons that are incomprehensible to family members or those directly affected. Children want to act in their parents' best interests, but they have to consult with the courts at every step and cannot act independently, even in the parents' best interests, which they have been explicitly informed of.

Even spouses must submit a comprehensive annual accounting for their partner in court: detailing expenses, submitting applications for special assistance measures that the court must approve, obtaining authorization for rehabilitation measures and accommodation, and much more. And all this while the situation is already difficult enough.

I don't want that for myself. I also don't want my family to be burdened like that because of me . I want my family to be able to decide what's best for me if I'm no longer able to do so. That's why I've set up powers of attorney with my family, so that in an emergency, my wife or son can make decisions in my best interests, so that vital decisions don't end up on the desk of a clerk who doesn't know me.

If you don't want that for yourself either, find out about powers of attorney.

I personally set up my powers of attorney with JuraDirekt and am a satisfied customer and partner there. I invite you to learn more about this topic on my partner page . Whether you choose JuraDirekt as your partner is entirely up to you, but please, please familiarize yourself with this issue. We all hope it won't affect us, but if it does, it's too late for 90% of people because they didn't prepare a power of attorney while they still could. Whether it's too late for you is in your hands.

Find out more now!