Notarisation of a care directive
If you want to specify who should take over legal care for you if necessary, you need a care directive, which we can notarise on request.
Description
If you are no longer able to manage your own affairs, the court will order legal representation (guardianship). With a care directive, you can specify who should take over your care in this case or who you would like to exclude as a carer.
It can be notarised by a notary public or by the guardianship office of the City of Munich. However, the care directive is also effective without notarisation.
Prerequisites
Every person can specify in the care directive who they would like to be cared for by. This also applies to people who are no longer or only partially legally competent.
Required documents
Bring your written care directive to the care centre.
You can use the template provided by the Munich care centre or write your own document. It must clearly state who you wish to be your legal representative (or not).
The template is included in the "Form set of the Munich Care Centre", which you can download under "Forms and links". Printed copies are available from the care centre or at the information desks of the social community centres.
We will send you up to two powers of attorney by post if you send us a stamped envelope with 1.60 euros.
Questions & Answers
You can nominate a person you trust as your preferred carer. If this person is unable or unwilling to take on the task, you can nominate a substitute.
A care directive can be completed and notarised independently of a power of attorney. If guardianship proceedings are initiated, the court will take into account the stipulations in your care directive.
You can keep the advance care directive wherever you like or give it to a trusted person. Your chosen carer should know where to keep it. You can also register your advance directive in the central register of advance directives of the Federal Chamber of Notaries. This means that your carer can be found quickly if necessary.
The Munich carers' associations will provide you with individual information close to your home and free of charge. You can also obtain information from the care centre of the City of Munich.
Legal basis
- §§ 1814 ff. BGB
- Guardianship Authorities Act (BtBG)
- Act on the Procedure in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- Social Codes
Sozialreferat
Schuldner- und Insolvenzberatung, Betreuungsstelle
Internet
Phone
Postal address
Landeshauptstadt München
Sozialreferat
Schuldner- und Insolvenzberatung, Betreuungsstelle
Mathildenstraße 3a
80336 München
Fax: +49 89 233-25056
Address
Mathildenstraße 3a
80336 München
Telephone consultation hours:
Monday to Friday: 9 am to 12 pm
Thursday: 2 to 4 pm