Health care proxy

The advance care directive is a legal instrument that enables a person to determine in advance who should manage their personal and financial affairs if they are no longer able to do so themselves due to an incapacity of judgment. It serves to safeguard your own wishes and needs and to entrust a person of your choice to represent you.

You need this in the event of permanent incapacity to make decisions, whether due to an accident (e.g. coma) or an illness (e.g. dementia).

Any natural person who is capable of acting can draw up an advance care directive. Only natural persons can be appointed for personal care and natural and/or legal persons for property care.

The child and adult protection authority (KESB) will (have to) appoint a guardian to represent the person lacking capacity. Not only a relative, but also a third party (professional guardian) can be appointed as a guardian. The guardian must regularly report to the KESB and even obtain its approval for certain transactions. Businesses' capacity to act can therefore also be severely restricted under certain circumstances.

The advance care directive must either be publicly notarized by a notary or written, dated and signed by hand from A to Z.