preparation of precautionary documents
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Settlement of compulsory portion claims – How it works!
What happens in the event of an accident? Who makes decisions for you if you are no longer able to do so? An illness or dementia can affect your ability to make decisions - what do you do then? If you do not have the answers to these questions, you have not yet made sufficient preparations for an emergency. For this reason, taking precautions in good time is very important.
With a power of attorney, you can make provisions for the future today so that you can lead an independent life even in an emergency. It is crucial that the relevant documents are legally binding and that all relevant aspects are taken into account. The formal requirements and your individual life situation must be taken into account. A lawyer specializing in inheritance law will advise you and help you to prepare the necessary documents. We will inform you about everything you should consider in order to be well prepared for an emergency.
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3living will
With a written living will, you specify which medical measures should be taken in an emergency.
The author must be of legal age and capable of giving consent and entering into legal transactions at the time of writing. The living will can be designed flexibly: you can refuse certain treatments or request continued treatment under certain conditions.
You can also specify whether and to what extent a third party, such as a family member or relative, should be involved in the decision-making process.
It is important to note that criminal acts, such as requests for active killing, cannot be taken into account and have no legal validity. The wording should be as specific and precise as possible, but reasons or explanations are not required.
The order must be drawn up in simple written form, whereby a handwritten signature is sufficient. Alternatively, the signature can also be certified by a notary.
If there is no living will, the representatives and the doctor make the decision based on the patient's presumed will. If there is a disagreement, the guardianship court must confirm the representative's decision.
Spouses have a so-called right of emergency representation in the event of a medical emergency.
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power of attorney
With a power of attorney, you authorize a trusted person to make decisions on your behalf in certain areas. It is an agreement between the person granting the power of attorney and the person authorized to do so. You also have the option of authorizing several people and naming a main authorized person.
The author must be of legal age and capable of giving consent and entering into legal transactions at the time of writing. The power of attorney can be designed flexibly: you can limit it to specific areas such as health, finances or care.
There are no fixed formal requirements, but it is recommended that the power of attorney be in writing to serve as evidence. It should include the signature, place and date.
In case of doubt as to whether the authorized representative is acting in the interests of the person granting the power of attorney, the guardianship court can appoint a supervisory representative. If there is no power of attorney, the guardianship court will appoint an authorized representative.
Spouses have a so-called right of emergency representation in the event of a medical emergency.
care directive
With a care directive, you specify who would like to care for you and how, if necessary. It serves to close any possible gaps in the power of attorney.
The author must be of legal age, but legal capacity is not required. The content is flexible, so you can, for example, specify that you would like to be cared for on an outpatient basis for as long as possible, that you do not want to be cared for by certain relatives, such as grandchildren, or specify financial aspects such as real estate.
The guardianship court must take your wishes into account when appointing a guardian. Guardians are subject to the control of the guardianship court and are obliged to perform certain tasks.
The care directive must be in simple written form. This means that a handwritten signature with the name is sufficient; alternatively, a notarized signature can also be used.
With a care directive, you express to the care court your wish to be cared for by a specific person.
care directive
With a care directive, you can express your personal wishes and preferences regarding care. In contrast to a power of attorney, living will or care directive, a care directive has no legally binding effect. Rather, it serves as a guide for your relatives and carers to organize the care according to your wishes.
It is recommended that the care directive be drawn up in writing.
custody order and custody power of attorney
With a custody order (in the event of death) or a custody power of attorney (in the event that the parents or legal guardians are no longer able to care for the child), you determine who should take custody of your children. The family court must take your wishes into account, but will make the decision in accordance with the best interests of the child.
Children aged 14 and over have a say in the decision.
The custody order must be written personally and by hand, dated and signed. The custody power of attorney, on the other hand, is not subject to any formal requirements.
If you do not issue a custody order or custody power of attorney, your wishes cannot be taken into account when choosing a guardian.
testament
With a will, you as the testator can determine who should inherit after your death, what will be inherited and what conditions must be observed.
If an heir cannot pay out the statutory share immediately for financial reasons, a deferral is possible.
The design of the will is flexible: for example, you can specify:
- Name a specific heir,
- Disinheriting a relative who is entitled to inherit,
- Attaching requirements or conditions to the inheritance.
In addition to the will, other testamentary dispositions such as a legacy can also be made.
A will must be written personally and by hand and signed with your name. It cannot be dictated or written for you by a third party, but can also be notarized.
In case of emergency, there are special forms of will preparation.
It is also possible to draw up a so-called Berlin Testament together with your spouse.
The author must be at least 16 years old and must not be incapable of making a will.
With us you are prepared for emergencies
Prevention is the best protection: In an emergency, important decisions have to be made. It is therefore crucial to take precautions in good time. Your precautionary documents should be complete and legally effective. As experienced lawyers, we are at your side. We will advise you comprehensively and explain all relevant precautionary documents. Whether it is a living will, power of attorney, care directive or will - we will support you in drawing up these documents. This way you can ensure that you are well informed and can make good decisions about your future and that of your children and heirs.
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We offer you professional and comprehensive initial advice in the area of inheritance law. Take your chance and avoid mistakes.
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