Many people assume that if they have an accident or fall seriously ill, their husband, wife or grown-up children can simply step in. In Germany, mostly they cannot. Without the right document, a court appoints someone to decide for you — possibly a stranger. The document that prevents this takes an hour to write, and most people only think about it when it is too late.
1. What your family can and cannot do
Your spouse has a limited emergency right since 2023 (§ 1358 BGB). If you are unconscious or too ill to decide, they can consent to or refuse treatment, sign hospital and care contracts, and see your medical records. But:
- it covers health matters only — not your bank account, your rent, your employer, or the Ausländerbehörde;
- it ends after six months;
- it does not apply if you are separated, or if you have given someone else a power of attorney for these matters;
- a doctor must confirm the conditions in writing before it can be used.
Unmarried partners, adult children and parents have no such right. If you cannot decide for yourself and have not appointed anyone, the court appoints a legal guardian (Betreuer). It will generally follow your wishes about who that should be — if it knows them (§ 1816 BGB).
2. Three documents, three jobs
People often mix these up. They do different things, and most people need at least the first:
Vorsorgevollmacht — a lasting power of attorney. You name someone to act for you if you cannot: money, contracts, housing, dealings with authorities, and health. Because the person you name can act, a court usually does not need to appoint a guardian at all.
Betreuungsverfügung — a guardianship preference. If a guardian is ever appointed, this tells the court whom you want (and whom you do not). Useful as a backup, or if there is no one you trust enough to give full power.
Patientenverfügung — an advance medical directive. You decide now which treatments you would accept or refuse in specific future situations, such as life support. It must be in writing (§ 1827 BGB). Vague wording like “no life-prolonging measures” is often too general to rely on; describe situations and treatments concretely.
For the most serious medical decisions — life-threatening treatment, detention in a closed ward, compulsory treatment — a power of attorney only works if it is in writing and names those measures expressly (§ 1820(2) BGB). A sentence saying “my attorney may decide everything” does not cover them.
3. Does it need a notary?
Legally, usually not. A power of attorney does not generally need a special form (§ 167 BGB), and a written, signed Vorsorgevollmacht is valid. In practice, three things change the answer:
- Property. If your attorney may ever need to sell or mortgage a flat or house, the land registry needs the power of attorney as a notarised or officially certified document (§ 29 GBO).
- Banks. Many banks accept only their own form or a notarised power of attorney. Ask yours, and consider signing its form as well.
- Doubts about capacity. A notary checks and records that you understood what you signed, which makes challenges harder later.
There is a cheap middle route: the local guardianship authority (Betreuungsbehörde) can officially certify your signature on a Vorsorgevollmacht or Betreuungsverfügung for €10 (§ 7 BtOG). This confirms it is your signature, not the content. It is only available for powers meant to avoid a guardianship, and the certification's effect ends on your death.
4. A power of attorney for one task
Not every power of attorney is about illness. If you are abroad and someone needs to hand back your flat, collect a registered letter, deregister your car or deal with an office for you, a simple written authority for that task is often enough. Name the person, say exactly what they may do, sign and date it, and give them a copy of your ID. Ask the office or company in advance whether it has its own form or needs a certified signature.
5. Making sure it is found
A power of attorney nobody knows about does not stop a guardianship. Register it in the Central Register of Lasting Powers of Attorney (Zentrales Vorsorgeregister), run by the Federal Chamber of Notaries (§ 78a BNotO). Guardianship courts check it before appointing anyone. The register records the key details — whom you appointed and for what — rather than keeping the document itself; registration is possible online for a small fee.
If you do not want your spouse to use the emergency right in section 1, you can register that objection in the same place.
Give the original to the person you name, or tell them where it is. An attorney normally needs the original document to act.
6. If you live between countries
A German power of attorney is not automatically accepted abroad, and a foreign one is not automatically accepted here. If you own property or hold accounts in another country, ask there what form is needed — often a notarised document with an apostille, sometimes a local form. For your life in Germany, a German-style Vorsorgevollmacht is the safest choice. It can be bilingual; a German version helps hospitals and authorities act quickly.
7. Lawyer or notary?
A lawyer helps you decide what the documents should say: how wide the powers are, whether to name one person or two, what safeguards to build in, how the medical directive should be worded, and how it fits with your will and any assets abroad. A notary records and certifies the document and must explain its effect, but acts neutrally rather than for you (§ 14 BNotO). Notary fees depend on the value of what the power covers.
If your situation is simple and you trust the person completely, the free templates from the Federal Ministry of Justice are a sound starting point, in German. You can find a notary through the Federal Chamber of Notaries' search.
8. Getting it done
- Choose your person — and a substitute — and ask them first.
- Decide the scope: money, housing, authorities, health, and whether to name the serious medical decisions expressly.
- Write your medical wishes for specific situations, if you want a Patientenverfügung.
- Check the form: notary if you own property; your bank's form; or certification at the Betreuungsbehörde.
- Register it in the Zentrales Vorsorgeregister.
- Tell your person where the original is, and review it when your life changes.
One thing worth holding on to
A guardianship is not a disaster — courts do try to respect your wishes. But it is slow, it is supervised, and it may put a stranger in charge of your affairs. One signed document and one registration keep that decision with you.