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.

Duration & Costs

Processing time

We will notarise your care directive directly on site. It is essential that you make an appointment by telephone.

Fees

Public notarisation by the care office costs 10 euros per document. It can be waived in the case of indigence.

Payment methods available

Questions & Answers

Can I nominate more than one person as my carer?
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.

Do I also need a power of attorney?
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.

Where do I have to keep the advance 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.

Where can I get personal advice?
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

Landeshauptstadt München

Sozialreferat
Schuldner- und Insolvenzberatung, Betreuungsstelle

Internet

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

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