Guardianship and Powers of Attorney
No one wants to find themselves in a situation where, due to illness, old age, or an accident, they are no longer able to make decisions for themselves, such as terminating their lease or managing their finances. To prepare for such a situation, it is advisable to draw up a living will, a power of attorney, and a guardianship directive as a precaution while you are still in good health.
While it is sufficient to simply fill in the name and address of the appointed person(s) on a one-page form for a power of attorney for care, you should take more time when drafting your advance healthcare directive. The more detailed and personalized your instructions are, the more helpful they will be to doctors.
You can obtain information and advice from the Senior Citizens’ Advisory Service of the City of Fulda and the Care Support Center in the Fulda district, as well as from guardianship associations, attorneys, and notaries.
Power of Attorney for Health Care
As a precaution, you can grant power of attorney to people you trust so that they can act on your behalf legally. A power of attorney is especially important if you are no longer able to manage your own affairs due to illness or an accident. The power of attorney may, for example, cover decisions regarding financial and housing matters or medical treatment. To grant a power of attorney, you must have legal capacity and understand the implications of your decision. In addition, the person granted power of attorney must be willing and able to exercise that authority. You can customize
a power of attorney to suit your individual needs. It is subject to formal requirements only in certain cases, such as matters involving real estate. In such cases, notarization by a notary public is required. It is important that the power of attorney is clearly legible and that the original document can be presented. Powers of attorney can be registered centrally with the Federal Chamber of Notaries for a fee.Power of Attorney for Personal Care
A guardianship directive allows you to set forth your wishes and preferences. You can also specify who should not be appointed as your guardian. The guardianship court and the guardian are generally bound by this directive. A person appointed as guardian is subject to oversight by the guardianship court.
Advance Directive
An advance healthcare directive can influence medical treatment. For example, you can express specific requests and specify which life-sustaining measures you wish to receive or refuse. It is recommended that you describe your personal values, attitudes toward your own life and death, and religious beliefs in the advance directive to serve as a supplement and aid in its interpretation. An advance directive is primarily intended for doctors and the healthcare team. It may also be addressed to authorized representatives or legal guardians and may contain instructions or requests regarding the interpretation and enforcement of the advance directive.
Document Folder
Important documents and papers should be kept in a document folder. That way, you’ll have all your documents quickly at hand when dealing with government agencies. You should have copies—and, if necessary, certified copies—made of important documents. Let your family members know where they can find this folder in an emergency.
The Hessian Ministry of Labor, Family, and Health, in cooperation with the Hessian State Senior Citizens’ Association, has published a “Important Documents Folder.”You can find more information on living wills on the Federal Ministry of Justice's website.