“Klaatu_Barada_Nikto!“ (@Ash) sur getquin

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Protection in an emergency: why a power of attorney for healthcare and a power of attorney for a bank are not the same thing

I would like to share something with you that I am currently experiencing first-hand. I am currently supporting a close relative whose wife is seriously ill. She can no longer make decisions or take care of important matters. This has caught us completely unprepared as a family - and I have learned how important it is to get the right documents in order early on.

A big point that many people don't realize is that even with a power of attorney does not cover everything. Although this power of attorney allows you to make decisions for someone and deal with the authorities, in most cases it is not sufficient to gain access to bank accounts. Banks often require their own powers of attorney, which must be signed in advance. If this specific power of attorney is missing, the only option in the worst case is to go to a notary to have a notarized power of attorney drawn up. This is not only time-consuming, but also costs valuable time and money in an already stressful situation.

So my advice: In addition to a power of attorney for healthcare, you should also have separate bank powers of attorney directly with the banks you trust. This is the only way to have easy access to accounts in an emergency.

Incidentally, you can find the template for a health care proxy at the Federal Ministry of Justice. It regulates many other important matters and is an absolute basic building block for good protection:

👉 Vorsorgevollmacht vom Bundesministerium der Justiz.

In addition, I also recommend a living willto clearly record your wishes regarding medical measures. This will relieve your relatives of having to make decisions in difficult moments and ensure that everything goes according to your wishes.

Another important thing: I also learned about the protected assets during this time. For married couples, this is 20,000 euros, which may not be used for care costs.

You can also make a funeral provision up to 8,500 euros per person. This money is also protected and remains untouched.

I can see from my relative how challenging such situations are - emotionally and organizationally. I can therefore only advise you: Take care of such powers of attorney and arrangements early on. It takes a huge burden off you and your loved ones in difficult times.

[Please note that these are my amateur findings from the last few weeks and days. If you can think of any important additions or if I have misrepresented something, please write it in the comments. I am grateful for any advice and will amend or correct the article accordingly].

www.bmj.deVorsorgevollmacht / Betreuungsverfügung

10 Commentaires

Kill_Baulitz@Johann_van_der_Smut

An important topic that is totally underestimated and neglected by many...

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Dave@Trendisyourfriend

Really important topic - I had the same thing happen to me in my primary environment at the beginning of the year, we had everything settled via the notarized general power of attorney, the only one who had declared themselves bitchy was the PKV, which was then brought into line via lawyers' letters, complaints to the supervisory authorities and presentations to the ombudsman. - Within a few weeks of bureaucratic madness, everything was in order.

A friend did not have this, he has been fighting with the authorities for 8 months now ... The documents were signed with great difficulty after the incident and the mother suffered a severe stroke. After such an incident, you naturally want the person concerned to really understand everything as well as possible and to give a credible nod (living wills sometimes have really tough wording and requests at such a time).

Reporting to the tax office, reporting to the social welfare office for support, reporting to the guardianship court (if you are overwhelmed, you can get help directly from the social services of the hospital / rehabilitation center for individual areas, don't be afraid, they have the expertise to push various things much harder than a private person).

The story seems endless - you want to take care of your loved ones, but if you do everything, you are taking on a second job that demands everything at times.

Thank you for drawing attention to this important topic!
And, of course, lots of strength during this time!

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GHFx@GHF

You can avoid all these problems with a notarized general power of attorney. This includes not only banks, but also dealing with authorities, health insurance companies, etc.

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Max@MaximumPower93

An important topic that should be addressed as early as possible. A precautionary folder with copies of powers of attorney saves relatives a lot of work in already difficult times.

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Dividendenopi@Dividendenopi

I had always made a notarized general power of attorney with my parents, my sister and my father-in-law. This also included a living will. It always applies beyond death. In the event of any loss, I was able to carry out any business and transactions without even the slightest difficulty. I always took the copy to the relevant authorities and there were no further questions. It certainly costs a bit at the notary, but then you have the all-round package that you would prefer never to use but unfortunately have to at some point. The forms from the Federal Ministry are only of limited use. The notarial power of attorney is registered with the Federal Chamber of Notaries and even if no one can be identified ad hoc due to an accident somewhere, the ID card from the Chamber of Notaries then leads directly to the authorized representative. As you said so well, this is often suppressed and postponed and the topic is certainly unpleasant for many, but it must be addressed. Just mention property ownership and dementia and the need for residential care at immense cost. In this case, a notarized power of attorney is absolutely necessary; the form won't get you very far if the property has to be sold. And a lot of strength to you @Ash in your great work.

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Gqnina@Gqnina

Interessant

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Korrekturensohn@Korrekturensohn

Had a similarly unpleasant situation this year. A bank did not want to execute dispositions based on a written power of attorney; there was no notarized one. However, case law states that banks must accept written powers of attorney and are otherwise liable for damages (LG Detmold, judgment of 14.01.2015, 10 S 110/14). They accepted this after I threatened them accordingly. However, it is true that many institutions are under the misconception that they can set their own formal requirements. Authorities must also accept written VV (§ 14 VwVfG even only provides for written proof on request (!)). Apart from disposing of real estate, you can in fact do anything with a proper written VV. In practice, this fails due to a lack of understanding on the part of clerks. This can only be overcome with threats and letters from lawyers.

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Mihi@Mihi

A bank may not reject a private power of attorney in principle. However, private powers of attorney must be checked on a case-by-case basis. For various practical reasons, it is nevertheless advisable to also sign the bank's own form.

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