Donnerstag, 25.05.2023
Emergency representation rights of spouses and civil partners since 01.01.2023
from
Dr. jur. Bettina Luft gen. PlaisierLawyer
Specialist in family law
Specialist in inheritance law
Give me a call: 0261 - 404 99 82
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On January 1, 2023, Section 1358 of the German Civil Code (BGB) was introduced, which defines the right of spouses to act as emergency representatives for six months in health care matters. To be able to exercise the right of emergency representation, you must be married or living in a registered civil partnership. There must be no power of attorney or general power of attorney for the spouse concerned. There must be no demonstrable separation and no objection must be registered in the central pension register.
In the event that a spouse is no longer able to manage their affairs due to illness or loss of consciousness, a doctor will determine this incapacity and issue a certificate for the other spouse who is to take over the representation. The new emergency power of attorney authorizes the spouse to settle all health care issues, including medical care for the purpose of concluding contracts and consent to measures involving deprivation of liberty. Claims arising from the illness can also be asserted.
The right of emergency representation ends after six months and cannot be extended. If the spouse's incapacity to manage his or her own affairs continues, the guardianship court would appoint a guardian to represent the interests of the person concerned. This can be problematic, since a guardian does not need to have any special qualifications.
The emergency right of representation applies only to spouses or registered partners, not to children or other persons, such as partners in a cohabiting relationship without marriage. It is limited exclusively to health care matters and does not include other aspects of daily life.
The right of emergency representation is a good solution for an emergency, but it is no substitute for a power of attorney. A power of attorney makes it possible to authorize a spouse, partner or anyone else to represent you in all matters of daily life, not just in the area of health care.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.