Can the power of attorney be revoked?
In principle, a power of attorney is valid until it is revoked. In addition, a time limit applies if the power of attorney for precaution contains a time specification anyway. It then expires on the date specified.
What are the costs for a power of attorney?
A precautionary power of attorney will cost you something if you certify it by a notary public. This is even important, since certification is usually required. However, the costs of a notarization are independent of the notary you choose.
They are legally adjusted to the income and are paid once. The costs of the power of attorney are listed below. 10.
000 Euro assets with 75 Euro notary costs 25. 000 Euro assets with 115 Euro notary costs 50. 000 Euro assets with 165 Euro notary costs 250.
000 Euro assets with 535 Euro notary costs 500. 000 Euro assets with 935 Euro notary costs The fees are at most about 1. 735 Euro, even if the income is much higher.
- 10. 000 Euro assets with 75 Euro notary fees
- 25. 000 Euro assets with 115 Euro notary fees
- 50.
000 Euro assets with 165 Euro notary fees
- 250. 000 Euro assets with 535 Euro notary fees
- 500. 000 Euro assets with 935 Euro notary fees
Whether there should be an expense allowance for the authorized representative should be clarified in advance in the power of attorney. There is no legal regulation for the reimbursement of expenses, the principal decides himself. It is strongly recommended to address this issue in the power of attorney, since in the worst case the authorized representative can compensate himself for his work and can abuse the power of attorney in his own interest.
Differences between the power of attorney and other dispositions
There are many different ways to protect yourself in case you are unable to make a decision. In order to decide which one is most suitable for you, you should know the differences between the various forms of insurance, e.g. the power of attorney, the living will and the living will. The living will regulates which medical measures may be taken if you are no longer able to take responsibility for them yourself.
The applicant himself decides in advance which measures he agrees to take if he is unable to decide. He himself indicates the extent to which life-supporting measures, such as resuscitation, are desired and up to which point they should be carried out. The will, which is laid down in the living will, also applies if the applicant is not able to respond.
In this case, a representative, e.g. a caregiver or proxy, may represent the applicant. However, he or she must always comply with the will in the Patient Decree. This is where the difference to a power of attorney lies.
In the case of a power of attorney for precaution, the authorized representative decides himself and represents the applicant. It does not have to be ordered thus still another responsible person by the court one, since there is already one. Furthermore, the actions of the authorized representative are not limited and cover a much larger area than “only” the medical one.
In the case of a living will, the actions of the representative are already predetermined. If one is no longer able to make one’s own decisions, a legal guardian is appointed by the care court, who is then allowed to decide. In most cases the guardian is a family member.
With the care order, which one locks in the condition of the decision-making ability, one can select oneself the responsible person in advance. You can even specify who you do not want to have for care under any circumstances. However, the carer in the case of an advance directive is not legally binding.
That means that the care court may also reject this care taker. The guardianship court is always superior to the guardian, controls the guardian and may also demand accountability from him. This is different in the case of a power of attorney for pension purposes.
The authorized representative comes first, is not subordinate to anyone and can represent the principal with legally binding effect. This means that the guardian is not appointed by the guardianship court.