Notarisation of a health care proxy
Legal guardianship can be avoided by a power of attorney. Authorised representatives are not subject to control by the competent local court.
Description of the course
Due to an accident, illness or old age, you may find yourself in a situation where you can no longer make decisions for yourself. With a health care proxy, the person you trust can act in your interests, and with a care directive, they can be appointed as your carer. The care office is authorised to publicly certify signatures on powers of attorney and care directives.
Notarisation can also be carried out by a notary.
Prerequisites
You can only grant a power of attorney effectively if you have legal capacity. You should be aware at the time of granting the power of attorney that you are giving another person the opportunity to act in your place.
Required documents
Bring your written power of attorney to the care centre. You can use the "Power of attorney" template from the Munich Care Centre or create your own document, which must clearly state the extent to which your authorised representative may act on your behalf.
The template is included in the "Form set of the Munich Care Centre", which you can download under "Links & Downloads". Printed copies are available from the care centre or at the information desks of the social community centres. We can also send you up to two copies by post.
Questions & Answers
you can assign tasks to several people or give several people the same authorisation. In both cases, you should issue a separate power of attorney for each authorised person.
if you have not issued a power of attorney, it must be clarified in a care procedure whether legal representation is necessary, who is authorised to act on your behalf and what tasks it includes. Your relatives are not automatically authorised to make decisions for you. By granting a power of attorney, you can decide for yourself who you would like to authorise and what may be done on your behalf.
the Munich guardianship associations will provide you with personalised information close to your home and free of charge. You can also obtain information on granting a power of attorney and other advance directives 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 address
Phone number
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