Power Of Attorney In Germany [2024 Expats Guide]

Key takeaways

• Everyone should have a power of attorney in Germany.
• Your spouse and children cannot make decisions on your behalf if they are not mentioned in the power of attorney.
• From Jan 2023, your spouse can make decisions on your behalf in health matters only without a power of attorney. However, this is limited to six months. 

This is how you do it

• To create a power of attorney, you can use our free online tool, the template from the Ministry of Justice, paid online services, or a notary.
• You must get a power of attorney certified by the public care authority (Betreuungsbehörde) or a notary.
• You should also register your power of attorney in the central pension register.

Table of Contents

What is a power of attorney (Vorsorgevollmacht) in Germany?

Power of attorney (Vorsorgevollmacht) is a document in which you specify who can decide on your behalf if you cannot on your own. It could be because of an accident or a serious illness.

Why do you need a power of attorney in Germany? 

• Your spouse or children cannot decide on your behalf unless you have mentioned them in your power of attorney.
• Emergency spousal representation: From Jan 2023, spouses can make decisions on behalf of their partner. However, this is limited to health matters only, and spouses can make such decisions for six months only (Section 1358 BGB). Your spouse can use the template from the Federal Chamber of Notaries to exercise their right of emergency spousal representation.
• Without a power of attorney, the court assigns an authorized representative. This person could be a family member or someone else.
• If the court assigns someone, you bear the court and administrative costs. Additionally, the court takes its time to appoint someone.

If you want your family members or someone you trust to take care of things when you cannot, you must create a power of attorney.

Additionally, you should have a living will (Patientenverfügung) and care directive (Betreuungsverfügung)

How do you choose an authorized representative?

You should appoint someone you trust in your power of attorney. Moreover, the person of your choice must also be willing to take care of matters for you. 

Thus, you should ask the individual before adding them to your power of attorney and get their signature.

NOTE: Your representative’s signature on the power of attorney is not legally required. However, it’s highly recommended.

You should give the original power of attorney to your representative and keep a copy yourself. The representative needs the original when the time comes.

Can you appoint multiple people in your power of attorney?

Yes, you can have multiple authorized persons make decisions on your behalf. Usually, people name their spouse and adult children in the power of attorney.

We think adding multiple people to your power of attorney makes sense. If one person has to manage everything, it might get overwhelming. 

When you assign several people to your power of attorney, you should decide whether

• each of them can act alone or
• they must make decisions together.

Enforcing everyone to make decisions together might seem like a good idea. However, it’s not practical. 

Suppose one of the authorized representatives cannot be reached. In this case, no one can act.

The notary generally advises that the representatives must be able to act alone. You have the following options when assigning multiple representatives in the power of attorney.

• Assign different people to different areas. For example, you assigned your spouse to take care of health matters and your adult children to take care of the finances.
• Specify who of the authorized representatives has the power to make decisions in the event of disagreements.
• Name a person as a substitute authorized representative. For example, your sister can only step in if the actual authorized representative is unavailable (e.g., due to illness, vacation, or death). 

How do you create a power of attorney in Germany? 

You have four options to create a power of attorney in Germany.

• Use our free online tool to create a power of attorney
• Use the template form from “Ministry of Justice (BMj)”
• Use paid online services
• Contact a lawyer

Create a power of attorney yourself

You can use our free online tool to create a power of attorney. The tool guides you step-by-step through the whole process.

Once you have the power of attorney, you should do the following.

• Sign it
• Register it in the Federal Chamber of Notaries’ pension register (Vorsorgeregisters der Bundesnotarkammer).
• Get your signature on the power of attorney certified

The court can determine if a power of attorney exists by enquiring the central register. Thus, it’s critical that you register your power of attorney.

Moreover, the court can contact the representative you assigned. The court won’t know the contents of your document as they are not stored in the register.

Paid online services to create a power of attorney

There are several paid online services that charge a one-time fee or a subscription to create a power of attorney and other documents. Every online service offers a subscription model, as you should review your power of attorney every two years.

The online service providers offer the following services to their customers.

• Reminders to review the power of attorney every two years. 
• Keep the document up to date with the changes in the law.
• Provide you with the emergency card or sticker. The court and the doctors can use it to access your power of attorney and its contents. 

Here are some of the online services you can use

• Patientenverfuegungplus
  • 19.90 € (one time) or
  • 19.90 to 29.90 € per annum (subscription)
• Afilio
  • No one-time payment option
  • 29 € to 72€ per annum (subscription)

Getting services of a notary or a lawyer

You must contact a lawyer or notary if you have special needs. You can use our directory to find lawyers that offer services to expats in Germany.

When is a power of attorney legally valid in Germany?

A power of attorney is legally valid if you have signed it and your signatures are certified by

• The care authority (Betreuungsbehörde Beglaubigung): Cheapest option. It costs you 10€.
• Notary (Notarielle Beglaubigung): The cost depends on the value of your assets. It’s around 0.2% of your assets’s value.

NOTE: A certification of power of attorney is legally required only in certain cases. However, it’s highly recommended to do so.

When must you certify your power of attorney in Germany?

A certification of the power of attorney is required in the following cases.

1. The representative can sell the real estate in your name.
2. Renunciation of inheritance
3. The representative can manage your company
4. Any other financial transactions (stocks, bank transfers, etc.) that the representative can perform

Banks usually don’t accept a power of attorney. You must set up a separate power of attorney with your bank to avoid any complications in the future.

Usually, the signature certified by a public care authority is sufficient. However, in certain cases, like taking over the company, a notarized power of attorney is required.

You should consult your local consumer advice center if you have questions.

Where should you store your power of attorney?

You should keep your power of attorney in a safe place. However, it should be easily accessible by your authorized representatives in an emergency.

• You should give a copy of your power of attorney to those you trust and tell them where they can find the original.
• You should provide the original power of attorney to your authorized representatives and keep a copy with you.
• You can also store a digital copy of the power of attorney in a safe location.

Besides this, you should register a power of attorney with the Federal Chamber of Notaries (ZVR). This allows the authorities to verify if a power of attorney exists and contact the representative. 

Paid options to store your power of attorney

• Use online services to store your power of attorney digitally. The benefit is that they provide an emergency call service, which the authorities can use to retrieve the content of your document when required.
• Get your power of attorney from a notary. Notary keeps your power of attorney with them and issues a copy to you and your representatives. If you or your representative loses the copy, you can ask the notary to issue a new one. This way, no one can forge your power of attorney.

When and for how long is your power of attorney effective in Germany?

A power of attorney is effective immediately. However, the length of time it will remain effective depends on who certified it.

• A power of attorney certified by public care authorities is effective until death. Once you die, the document is invalid.
• If you want the power of attorney to be valid after your death, you must certify it by a notary.

When should you go to a notary for a power of attorney in Germany? 

You should go to a notary if

• you have special needs like the sale of real estate, taking control of your company, etc.
• you want the power of attorney to be effective even after your death

Notary offers the following benefits over other ways of creating power of attorney

• Notary advises you and explains the advantages and disadvantages of different regulations.
• It creates a custom power of attorney that fits your needs.
• A notarial certification is legally safer than a certification from a public care authority (Betreuungsbehörde) (§ 128 BGB).
• The notary also checks your legal capacity to create a power of attorney. This means no one can object to your competence when you created your power of attorney.
• The notary retains the original power of attorney. This way, no one can forge it.

How often should you review your power of attorney in Germany? 

You should review your power of attorney at least once every two years. However, you can make changes to your document anytime.

If you revoke or make changes to your power of attorney, you must destroy all old versions and copies. Additionally, mention in your new power of attorney that it replaces the old one.

Ensure you certify the power of attorney by a public care authority or notary again. 

You can use our “Reminder Service” to always keep your power of attorney up to date. We’ll send you timely reminders every two years and whenever a law changes that affects your document.

Download emergency card

You can download the emergency card template from Verbraucherzentrale. Tick the documents you have prepared and add your’s and authorized representatives’ contact information to it.

Always keep the emergency card with you. The authorities can use it to contact the representatives mentioned on the card in emergency situations. 

References

• https://www.finanztip.de/vorsorgevollmacht/
• https://www.verbraucherzentrale.de/wissen/gesundheit-pflege/aerzte-und-kliniken/vorsorgevollmacht-und-betreuungsverfuegung-warum-sie-so-wichtig-sind-46972
• https://www.afilio.de/ratgeber/vorsorgevollmacht