POWERS OF ATTORNEY AND ADVANCE DIRECTIVES
The “General and health care proxy with care and living will” document is a very important document that can avoid the appointment of a legal guardian in the event of incapacity to act, for example after an accident or in the event of dementia in old age. It consists of four pillars, each of which regulates different aspects of advance care. The notary helps to draw up this document in a legally secure manner and explains how each pillar works:
➩ General power of attorney
This specifies who can act on behalf of the person concerned in financial matters if they are no longer able to do so themselves. The authorized representative then takes over all financial and legal tasks.
➩ Healthcare proxy
This section specifies who may make decisions regarding health and medical treatment if the person is no longer able to do so themselves.
➩ Care directive
This regulation determines who will act as a caregiver if, in exceptional cases, judicial care proceedings become necessary. It specifies which person should assume responsibility and to what extent.
➩ Living will
This states how medical measures should be handled if there is no prospect of improvement, particularly in the case of serious and incurable illnesses. The advance directive regulates whether and how life-prolonging measures should be carried out.
The notary ensures that all four areas are formulated in a clear and legally binding manner so that the wishes of the person concerned can be implemented clearly and unambiguously in the event of an emergency.
NOTARIZATIONS AND AFFIDAVITS
In certain legal situations, documents and signatures must be notarized to confirm their authenticity. Notarization provides the necessary legal certainty. There are two main types of notarization that the notary can perform:
➩ Notarization of copies
If an original document is available, the notary can certify a copy of the original. In doing so, the notary establishes that the certified copy corresponds to the original document. This means that the content of the copy is identical to the original and is therefore recognized as authentic and legally valid. This notarization is important if the original document cannot be sent or used in different places, while the copy still remains legally binding.
➩ Notarization of signatures
When notarizing signatures, the notary confirms that a specific person has signed a specific document. Here, the notary verifies the identity of the person signing and ensures that the signature on the document was made voluntarily. This notarization is necessary to verify a person’s signature and ensure that the signatory actually agrees to the agreements contained in the document.
➩ Affidavits
An affidavit is a binding declaration, the truth of which is affirmed in lieu of an oath. The notary notarizes this declaration, verifies the identity of the declarant and clarifies the legal consequences.