In Germany approximately 90 percent of the people have not chosen a person to act on their behalf in the event of a life changing incident.
What e.g. happens should your partner be unable to take care of themselves or make decisions? Simple, German courts will automatically step in and take over!!!
This can be avoided by giving your partner full authorisation to handle your affairs, thus making decisions financial or otherwise.
Misconception number 1 - "This issue just concerns elderly people."
No! Anyone over the age of 18 can be affected.
People who are no longer able to manage their own affairs will become subject to personal care. This often happens due to disability, physical/ mental illness and accident. Illness and accidents can apply to anyone, at anytime, anywhere. "It will only ever happen to the others", the question you have to ask yourself, "Who are the others?"
Statistics show that there is no discrimination on age.
- 26.5% at the age of 18 - 39 years
- 47.0% at the age of 40 - 69 years
- 26.5% at the age of 70 years and older
source: Zwischenbericht ISG Köln
Misconception number 2 - "I am married, my spouse will take care of everything, I don't need to worry."
In accordance with §164 as also §662 of the German Civil Code (BGB), valid legal transactions for persons of legal age can only be executed by a person in possession of valid Power of Attorney. Marriage partners, relatives and family members are not automatically entitled to act as a legal representative!
Should you suffer from a mental illness or physical, mental or emotional disability and can no longer take complete care of your affairs, the Custody Courts will appoint a supervisor to represent you, in accordance with §1896 (1) BGB.
Misconception number 3 - "The court appoints my spouse to handle my affairs - all sorted!"
No, as this is what your partner can expect!
- To list all assets and all your financial means
- Submit an annual report on your incomings and outgoings
- Show full records on all your expenditure i.e. house costs, living expenses, etc.
- Additional expenses for your medical needs or further auxiliaries require the court's approval!
- Future well-being plans require the court approval!
- Should you need further care (e.g. at home) or be moved to a medical institution, this must be applied for through the court, which will assess your request!
In addition, all assets and accounts are separated and the court must be constantly updated or are to be approached for planned expenses, meaning that many decisions that concern your well-being and important aspects of the caretaker's life require consultation with the courts before being executed.
Have a POWER OF ATTORNEY.
§1896(2) of the German Civil Law translates to: An appointed court official will not be required, as long as you have a Power of Attorney in place.
We are the appointed broker for JURA DIREKT. We understand the sensitivity of this matter and have representatives who will work with you through all the application process. There are of course difficult questions but we can advise you to make the right choices, so, should this ever become reality, you will not have to worry about any aspect of what needs to be done next, as everything will be in place.
At a time when so much can change, we make sure that your spouse is still heard, and can focus on the things that matter the most.