Care directive: basics

In short: A care directive sets out whom the court should appoint as a legal guardian if you become unable to make decisions independently. It complements, but does not automatically replace, a power of attorney for healthcare and finances.

In more detail: Without a power of attorney, a court appoints a guardian in an emergency; the care directive sets out a wish that is taken into account.

In detail

• Difference from power of attorney: A power of attorney takes effect directly, without court appointment; a care directive only becomes effective in a court guardianship proceeding.
• Naming a preferred person: You can specifically determine who should be appointed as guardian, and also exclude certain people.
• Areas covered: The directive can include wishes regarding healthcare decisions, financial matters, and determining place of residence.
• Court review: The guardianship court checks the suitability of the proposed person but is largely bound by well-founded wishes.
• Useful combination: Many people create a power of attorney and a care directive together to cover different scenarios.
• No required form: A care directive can be written informally, but should be in writing, dated, and signed.
• Storage: Registering it with the Central Register of Precautionary Documents increases the chance it will be found in an emergency (patientenverfuegung-und-vorsorgevollmacht, testament-und-gesetzliche-erbfolge).