The health care proxy - everything to do with the topic!

introduction

If you want to protect yourself in the event of your own inability to make decisions, you can do so legally with a power of attorney.
Here, a person, i.e. the authorized representative, is given the right to represent their own personal affairs if they are no longer able to do so themselves. The matters relate to certain areas: the medical area, but also the social area, as well as finances and more.

In the following you will find out more about the power of attorney, the application, the costs and the difference compared to the patient and care will.

When are you incapable of making decisions? Are you then also entitled to care levels? Read more about this at: Care levels and care levels

Where can I find a form for the health care proxy?

If you would like to issue a power of attorney without notarial certification, then you are entirely free to formulate and write it down. You can even write the power of attorney in handwriting. You can also find free sample descriptions on the Internet.

It is important that you describe exactly what your wishes and expectations are. In principle, notarization of the power of attorney is always recommended, as this is a better way of formulating what you expect.

Can a health care proxy work without a notary?

In principle, a health care proxy can also be issued without a notary.

However, it is possible that some areas require notarial certification and otherwise do not accept the power of attorney, e.g. in business matters or real estate transactions. This is even more the rule than the exception, because only for a few matters, such as In the case of life-saving operations, the health care proxy is valid without a notary.

In principle, it is recommended anyway to carry out the power of attorney with a notary. The notary can adapt the power of attorney in the best possible way to his own ideas and wishes and thus makes it clear through the most precise formulations that it cannot be misused.

Can I enter several authorized representatives in one health care proxy?

Yes. Several authorized representatives can be specified in a health care proxy.

The powers of attorney granted can be responsible for different areas.
However, double powers of attorney can also be granted. This means, for example, that two authorized representatives can decide together. The mutual control of the authorized representatives can prevent an abuse of power. On the other hand, if there are several authorized representatives, e.g. two, in the worst case, differences of opinion arise that could lead to conflicts.

In the following two possibilities are mentioned, in which there are several authorized representatives, but differences of opinion are counteracted.

You may also be interested in this topic: Health care

1. What is a sub-authorization?

With a health care proxy there is a principal and an authorized representative.
If the proxy passes on his rights to a third person in the sense of legal representation of the principal, this is referred to as a sub-power of attorney.

It is important to emphasize that the authorized representative himself - and not the principal - selects the sub-authorized representative. It can also be about people who would not have been selected as the principal.
The person with the sub-authorization does not represent the principal, but the authorized representative. His rights are either less extensive than those of the authorized representative or the same. But not more extensive.

A sub-power of attorney can only be granted if the principal agrees.

2. What is a substitute agent?

A substitute power of attorney is used if the actual authorized representative for various reasons, e.g. cannot represent the principal due to illness or death.

The substitute authorized representative then has the power of attorney until the actual authorized representative can take over his task again. However, a replacement power of attorney must also be legally regulated beforehand in the health care proxy.

Can the health care proxy be transferred?

Yes. The health care proxy can also be transferred to other people, e.g. to substitute authorized representatives or sub-authorized representatives. These powers are described above.

Can you revoke the health care proxy?

If you are still able to make decisions yourself, you can revoke your health care proxy at any time.
Oral revocation is sufficient. However, it is recommended to record the revocation in writing, as this means that proof of the revocation can be presented in the event of any ambiguities. The revocation is aimed at the authorized representative and all other representatives, e.g. Sub-agent.

The principal should also withdraw the certificates for the power of attorney from the proxy.

How long is a health care proxy valid?

A power of attorney is in principle valid until it is revoked.
In addition, a time limit applies if the power of attorney already contains a time limit. On the specified date this will then disintegrate.

What are the costs for a health care proxy?

A health care proxy will cost you something if you notarise it. In fact, this is important as certification is usually required.

However, the costs of a notarial certification are independent of the notary you choose. They are legally matched to income and are paid once. The costs of the power of attorney are listed below.

• 10,000 euros assets with 75 euros notary fees

• 25..000 euros assets with 115 euros notary fees

• 50,000 euros assets with 165 euros notary fees

• 250,000 euros assets with 535 euros notary fees

• 500,000 euros assets with 935 euros notary fees

The fees amount to a maximum of around 1,735 euros, even if the income is much higher.

Is there an expense allowance for the health care proxy?

Whether there should be an expense allowance for the proxy should be clarified in advance in the health care proxy.

There is no legal regulation for the expense allowance, the principal decides himself. It is strongly recommended to address this issue in the health care proxy, since in the worst case the proxy can compensate himself for his work and can abuse the power of attorney in his own interest.

Differences between the power of attorney and other dispositions

There are many different ways to protect yourself in the event of inability to make a decision. In order to decide which variant is most suitable for you, you should know what the different forms of protection are, e.g. the power of attorney, the patient and care directives differentiate.

What is the difference to the living will?

The living will regulates which medical measures may be taken if one is no longer able to take responsibility for them.
The applicant decides in advance which measures he or she agrees to take in the event of incapacity to make a decision. He himself indicates to what extent life-sustaining measures, such as a resuscitation, are desired and up to what point they should be carried out.
The will stated in the living will also applies if the applicant cannot be contacted. A representative, e.g. a supervisor or authorized representative may represent the applicant in this case. However, he must always adhere to the will in the living will.

This is where the difference to the health care proxy lies. In the case of the power of attorney, the proxy decides himself and represents the applicant. A supervisor does not have to be appointed by the court, as there is already one. The agent's actions are also not limited and cover a much wider area than "just" medical. The representative's action is already specified in the living will.

You might also be interested in: Care levels and care levels

What is the difference to the care decree?

If you are no longer able to make your own decisions yourself, the supervisory court appoints a legal supervisor who can then decide. Most of the time, the caregiver is a family member.

With the care decree, which you make in the state of decision-making ability, you can choose the supervisor yourself in advance. You can even state who you absolutely do not want to have for supervision.
However, the supervisor in the case of a supervision order is not legally binding. This means that the supervisory court may also reject this supervisor. The supervisory court is always superior to the supervisor, controls the supervisor and may also demand accountability from him.

This is different with a health care proxy. The proxy comes first, is not subordinate to anyone and can legally represent the principal. This means that the supervisory court does not appoint a supervisor.