Central register of guardians of the Federal Chamber of Notaries - registration prevents the appointment of a court-appointed guardian
More and more people are no longer able to make decisions about their own personal and financial affairs due to illness, accidents or disability. Currently, around 1.3 million people in Germany are looked after by a court-appointed guardian. If you want to retain your self-determination in the event of care, you should take precautions while you are still healthy and have a power of attorney drawn up.
Authorized representative quickly known in case of need
With a health care proxy, anyone can determine who should look after their interests and concerns in the event of a care situation. Unfortunately, however, the courts often have difficulty determining whether a person in need of care has drawn up a power of attorney. This can be remedied by an entry in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries (ZVR). To date, almost 5.7 million advance directives have been registered there. The register enables courts to quickly determine who has been granted a power of attorney. For documentation purposes, the grantors of power of attorney receive a ZVR card in cheque card format with details of the grantor of power of attorney and the chosen trusted person, the location where the document is kept and details of additional entries such as a care or living will. The documents themselves are not stored in the register of powers of attorney for data protection reasons.
Authorized representatives are informed immediately
Registration and the ZVR card prevent unnecessary guardianships. This is because the guardianship court only appoints a guardian if no authorized representative can be found for the person concerned. The entry in the ZVR costs between 20 and 30 euros once. The ZVR Card is free of charge. The ZVR card fits in your wallet and can be carried with you at all times - a further guarantee that the authorized representative can be notified immediately if necessary.
Notary assists with the design
If you want to draw up a health care proxy, you should definitely seek advice from a notary. The notary will help you to research your personal wishes and formulate them in a legally secure and conclusive manner. In doing so, they will establish the identity of the principal in the document in a binding manner. However, no one can rely on sample forms on the Internet. These hardly do justice to a personal life situation. This is why over 80 percent of newly registered powers of attorney in 2022 were notarized.
In addition to the health care proxy, there are also care and living wills. A care directive can be used to designate a caregiver and to express wishes regarding the organization of court supervision. A living will can be used to issue instructions regarding certain treatment methods.
If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.
