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Assistance with precautionary measures

Nationwide senior citizens’ law


Assistance with precautionary measures

The focus of a legal “precaution” is a precautionary power of attorney. A precautionary power of attorney and a care directive enables individuals (or principals) to authorise persons whom they trust to handle their affairs in an emergency. A living will allows the principal to stipulate precise treatment instructions in the event of specific disease situations.

We can advise you on the options and risks of an intended power of attorney, examine existing precautionary powers of attorney and help you formulate legally binding powers of attorney and provisions.

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Assistance with precautionary measures

Precautionary power of attorney

With a precautionary power of attorney an individual (the principal) can authorise another individual (the proxy) to carry out all or certain tasks for them.

The principal must have legal capacity at the time of granting power of attorney. The proxy should generally only exercise the power of attorney if the principal, e.g. due to dementia or mental incapacity that has occurred in the meantime, is no longer able to act for themselves.

The granting of a precautionary power of attorney assumes the principal’s unconditional personal trust in the proxy.

We can advise you on the legal structure of the precautionary power of attorney. We examine the powers of attorney you submit to us, advise you on the legal risks and present alternative legal solutions.

Assistance with precautionary measures

Advance directive

If a person of legal age is unable to manage their affairs in whole or in part owing to a mental illness or a physical, mental or emotional impairment, the guardianship court can, at the person’s request or through the relevant authority, appoint a guardian for such individual, § 1896 para 1 sentence 1 BGB.

An advance directive can stipulate who the guardian should or should not be if an order for a guardianship becomes necessary.

When appointing a guardian, the guardianship court must take the proposals contained in the advance directive into account within the scope of § 1897 para 4 BGB.

An effective advance directive can often safeguard against the appointment of a guardian who is not known to the individual.

We advise you on the selection of a suitable person and the formulation of an advance directive.

Assistance with precautionary measures

Living will

A living will is a patient decree whereby a person agrees or prohibits medical treatment in advance, including examinations into their state of health, medical interventions or medical treatment if the patient no longer has the capacity to decide on such matters. § 1901a para 1 sentence 1 BGB is decisive here.

However, it must be precisely stipulated in advance as to which medical situations the decree should cover and what medical treatments should be applied or omitted. A living will contains various care, medical and legal stipulations.

We will provide comprehensive advice on the aspects you need to consider and help you, on your request and also in consultation with nurses and doctors, to formulate an individual decree.

Please call us, and we will be happy to advise you!

Contact us for a free preliminary telephone consultation

Telephone: 0800 300 3355

Monday – Friday: 8:00 am – 10:00 pm
Saturday – Sunday: 8:00 am – 8:00 pm

Please write us, and we will be happy to advise you!

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