Pension matters

What is a health care proxy and what it regulates

With this power of attorney, you authorise another person to "act in your place". This is in the event that you are no longer able to do so yourself. With a power of attorney, you avoid the need for "legal guardianship".

While the living will specifies the medical treatment wishes for the future, the health care proxy regulates everything else: from the implementation of the living will to property and housing matters. You can authorise one or more people or divide the powers between different people.

A health care proxy is a matter of trust. You should therefore choose a person you absolutely trust. If you are unable to give your consent, the authorised person will decide for you. It is then no longer possible to control the person you have authorised or have them control you. For this reason, the power of attorney should only be drawn up if you really have absolute confidence in the person you authorise.

Banks and powers of attorney

Some banks do not accept a power of attorney. It is therefore essential that you enquire with your bank beforehand. The power of attorney may only be accepted if

• your signature is notarised or
• is notarised within the bank.

Legal advice and notary

You can, of course, have the power of attorney checked by a notary or draw it up together with the notary, or you can contact a lawyer for advice.

What must a health care proxy express and how must it be executed

The power of attorney should be as specific as possible in accordance with your wishes. A general formulation such as "I authorise (...) to represent me in all my affairs" is often not sufficient.

• The power of attorney does not necessarily have to be handwritten.
• The document can also be written on a PC or a pre-printed form can be used.

In any case:

• The text must be perfectly legible
• Please note that the power of attorney is only valid in the "original".
• Copies of the power of attorney will not be accepted.
• Keep the power of attorney in a safe place, but in such a way that it is available if required!
• The power of attorney can also be given to a person you trust
• If you combine the health care proxy with a care directive, you can also deposit the documents with the local court

A living will is not a will, but a precautionary written declaration by which a person can express whether and how they would like to be treated medically in certain situations if they are no longer able to express their own wishes. This directive is intended to help you document your wishes in a binding manner, for example with regard to the following:

• Artificial respiration
• Nutrition
• Autopsy
• Organ donation
• Resuscitation

In principle, a doctor's statement can be communicated verbally if you are mentally and physically able. Every doctor must respect your decision, as any medical treatment may only be carried out with your consent. The living will is intended for the event that you are unable to make a declaration (e.g. in the event of unconsciousness). The written form of the living will helps you to ensure that your self-determined will is respected.

What does a care directive regulate?

Court-appointed care ("legal care") means that a person in need of help is supported by a carer. This carer regulates the affairs of the person in need of care in a precisely defined area of responsibility. The person's right to self-determination should be preserved.

In a care directive, you can specify who should be appointed as your carer should this become necessary. It is therefore a useful addition to your living will and/or health care proxy.

Counsellor

The carer can be the previous authorised representative or the carer. If you do not have a trusted person, a suitable carer will be appointed by the court. The carer is always under the supervision of the guardianship court. He or she is thus monitored by a legal authority and must submit an annual report and accounts.

A carer can also be an heir or co-heir. The person must later account to the heir or heirs after their death.

When is a care directive relevant

Any of us can become in need of care. This may be due to physical or mental infirmity or an accident. You are no longer able to manage all or part of your own affairs. In this case, appropriate arrangements should be made in good time. It is advisable to record these arrangements in writing.

The care directive must also be observed if the author is legally incapacitated, but the statements are understandable and meaningful.

Exemplary regulations

Examples of possible details in a care directive that should be described as clearly and precisely as possible:

• Who should be my carer?
• What will happen to my flat?
• In which retirement or nursing home would I like to be accommodated?
• How should my finances be handled?

Formality

Unlike a will, the document does not have to be handwritten. It can also be written on a PC or the corresponding form can be filled out.

The document, with place, date and handwritten signature, can be kept at home or given to a person you trust. You can have your signature notarised by the local court.

Essentially, this folder contains forms on which you can enter information that may be important in an emergency.

This includes, for example

• personal data
• Medical data
• Lasting powers of attorney
• Dispositions.

Please also use the sheet containing notes "For emergencies" both to keep next to the phone and to carry with you at all times (e.g. in your wallet).

The contents of the folder were compiled by the State Senior Citizens' Representation of Hesse, the note sheet by the Hesse State Prevention Council.