What is a health care proxy?
We can all find ourselves in a situation - following an accident or illness, for example - where we are no longer able to manage our own affairs. However, close relatives are not automatically authorized to legally represent you. With a health care proxy, you can appoint a person you trust to make decisions for you.
Read more in this article:
- What is a health care proxy?
- What is regulated in a health care proxy?
- Why is a health care proxy useful?
- What are the requirements for a health care proxy?
- How do you create a health care proxy?
- Where is a health care proxy kept?
- When is a health care proxy effective?
- What is the difference between a health care proxy and a living will?
What is a health care proxy?
We can all find ourselves in a situation (e.g. due to an accident or illness) in which we can no longer manage our own affairs. However, close relatives are not automatically authorized to legally represent you due to marriage or kinship. With a health care proxy, you can appoint a person you trust to make decisions for you.
What is regulated in a health care proxy?
In a health care proxy, you can make arrangements for the following areas:
- Health care/need for care
- Residence and housing matters
- Property care (additional bank power of attorney required!)
- Postal and telecommunications
- Digital media
- Administrative matters
- Representation in court
- Sub-authorization
Measures involving deprivation of liberty or high-risk medical treatment cannot be regulated
Why is a health care proxy useful?
It is true that spouses or life partners can make decisions for each other in emergency medical situations within the framework of spousal emergency representation law. However, this has strict limits: This regulation expressly refers only to emergencies. Spouses are only authorized to act if a doctor has confirmed their partner's incapacity in writing.
In addition, the right of emergency representation only applies in direct connection with health care - but not for residential matters or property care - and only for a maximum of 6 months.
A power of attorney is recommended for comprehensive provision. On the one hand, this is not limited in time, and on the other hand, it offers considerably more freedom of design, as it allows very individual arrangements to be made for a wide variety of areas.
What are the requirements for a health care proxy?
An important prerequisite for authorizing a person is a high level of trust! The authorized person must also be aware of the task and its scope and agree to the authorization.
A power of attorney can be granted to any person of legal age and legal capacity. Any person who is willing and able to accept the power of attorney can be authorized. It is also possible to have more than one authorized representative.
How do you create a health care proxy?
The law only stipulates that the power of attorney must be drawn up in writing, but not in what form. A handwritten signature and the date are important.
It is advisable to have the signature notarized by a notary or the guardianship authority. Please note: Notarization is always required if the authorized representative is to use the value of a property to finance their life.
Available to download free of charge from the website of the Federal Ministry of Justice: Form for health care proxy
Another option is the legally compliant creation and archiving of a health care proxy via our cooperation partner Deutsche Vorsorgedatenbank.
If you work for a client company of pme Familienservice , you will benefit from discounted conditions.
If you are interested in this service and have questions about the process and costs, simply speak to one of our Homecare Eldercare advisors. Our team will be happy to put you in touch with the German Pension Database and send you the relevant order forms.
Where is a health care proxy kept?
The original of the power of attorney must be accessible to the authorized representative, as only the original is valid. It is advisable to include a reference to the power of attorney with the documents or, for example, the ID card and, if applicable, registration in the register of powers of attorney of the Federal Chamber of Notaries.
When is a health care proxy effective?
A health care proxy is valid in the external relationship as soon as the person granting the power of attorney has signed it. This means that the power of attorney is valid, for example, if it is presented in a hospital.
Internally, on the other hand, you can consider how the power of attorney can be presented in the first place. For example, you can give the power of attorney to third parties and agree exactly when they may hand it over to the authorized representative (e.g. in the event of hospital admission).
Or you can include a condition in the power of attorney that it is only valid if two doctors independently confirm the need for representation. One thing is clear: the more conditions you agree internally, the less quickly the authorized representative can act.
What is the difference between a health care proxy and a living will?
With a living will, you decide for yourself as a precautionary measure which medical and nursing treatments should be carried out if you are no longer able to make decisions yourself.
With an enduring power of attorney, you can delegate these and other decisions to a person you trust.
Learn more about pme Familienservice
This YouTube content can only be loaded if you accept the privacy policy of Google LLC.
To the data protection settings "
