Nationwide senior citizens’ law
Senior Lawyer 24
Nationwide senior citizens’ law
München
Augsburg
Ulm
Leipzig
Berlin
© 2017 • SENIORENANWALT24
Nationwide senior citizens’ law
Senior Lawyer 24
Senioren Anwalt 24 is designed for senior citizens and their families in Germany to provide legal assistance for senior citizens.
We provide legal assistance for all matters regarding senior citizens’ law, in particular:
– the design of precautionary powers of attorney and living wills
– contractual stipulations for home or inpatient care
– the arrangement or cancellation of judicial guardianship measures and
– the drawing up of testamentary arrangements for estate succession.
We advise and represent senior citizens both in and out of court, provide legal solutions and implement them with the senior citizens and their families.
In addition to a trusting partnership, our main focus is the research into and implementation of the true will of the senior citizens concerned.
We consider ourselves to be the central point of contact for all questions of legal assistance for senior citizens and have extensive expertise in:
– Pension rights and guardianship law
– Care rights and the home act
– Family and inheritance law
– Real estate and land law, and
– Banking and capital markets law
We use specialised doctors to assess legal and testamentary capacity, we coordinate their activities and summarise the findings so that we can offer a full service regarding all the relevant legal matters.
Our head office is located in Munich, with branches in Augsburg, Ulm, Stuttgart, Karlsruhe, Leipzig and Berlin. Our Zurich office provides advice on Swiss law and also on cross-border cases.
Senioren Anwalt 24
Welcome!
Senioren Anwalt 24
Experts in legal assistance for senior citizens
Senioren Anwalt 24
QUESTIONS REGARDING LEGAL AND TESTAMENTARY CAPACITY
An increasing number of people are now living to a great old age, but the risk of mental disorders also increases as grow older. We therefore have a particular focus on the legal and testamentary capacity of the relevant senior citizens in all legal transactions.
Legal questions regarding
Legal Capacity
Legal capacity is the ability to carry out legal transactions voluntarily and independently. The German Civil Code (Bürgerliche Gesetzbuch (BGB)) essentially regards all individuals as having legal capacity, and §§ 104 et seq. BGB only stipulates exceptions to such legal capacity, namely limited legal capacity and legal incapacity.
Individuals with legal incapacity, in addition to minors under the age of seven, are also persons who are also suffering from pathological disorders of mental activity that excludes the exercise of free declarations of intent and are not merely temporary in nature see § 104 BGB. Declarations of intent by persons with legal incapacity are null and void pursuant to § 105 BGB. Conditions that are considered pathological disorders of mental activity include dementia, mental impairment, delusions, hallucinations, alcohol abuse and mood disorders. The guardianship court will, where appropriate, appoint a guardian as a legal representative for those affected in accordance with § 1896 BGB.
Legal questions regarding
Testamentary Capacity
In accordance with § 2229 para 4 BGB, no person can draw up a will who is unable to understand the meaning of a declaration of intent issued by them and act independently on this insight owing to a pathological disorder of mental activity, mental deficiency or any impaired consciousness.
The existence of testamentary capacity is assumed in normal cases, and the non-existence of such is the exception and must therefore be proved by the person invoking the testator’s legal or testamentary incapacity. If in doubt, the probate court shall assume testamentary capacity.
Please write us, and we will be happy to advise you!
Contact us for a free preliminary E-Mail consultation