Jens Michaelis - Notar | Rechtsanwalt

Power of attorney

In the event that you are temporarily or permanently no longer able or willing to take care of your own affairs - especially in old age - for health reasons (or for other reasons, such as an extended stay abroad), you can appoint one or more representative with a general power of attorney, so that the representative can make binding declarations in legal transactions on your behalf.

With such a power of attorny the authorized representative can represent you comprehensively in all property matters (conclusion and termination of contracts, etc.) and in all non-property matters (declarations, in particular to doctors and nursing staff during hospital and/or nursing home stays).

Within its scope of application, such a comprehensive general power of attorney and power of attorney for preventive care precludes a court order for guardianship. With such a power of attorney, you can therefore determine yourself who should be your legal representative if you should actually become incapacitated.

As long as your legal capacity is not impaired, even after such a power of attorney has been established you determine whether and for what purposes the authorized representative can act for you at all on the basis of the power of attorney granted. This is because only with a copy of the power of attorney issued in the name of the authorized representative can the latter act in legal transactions. Accordingly, it is advisable to hand over the copy to the authorized representative only when representation is desired. You are also authorized to issue instructions to the authorized representative and can regulate the use of the power of attorney accordingly.

Furthermore, such a power of attorney can be freely revoked by you at any time. In the event of revocation, the authorized representative is obliged to return any copy of the power of attorney issued to him.

For the preparation of a draft of such a power of attorney, please provide us with the following information:

• the personal details of you and the authorized representatives (names, addresses, birthdays and places of birth in each case, as well as the telephone numbers in each case)
• whether the authorized representative may also make gifts to third parties or to himself/herself in your name and, if so, to what extent (e.g. customary gifts on birthdays)
• if there are several authorized representatives, should there be a hierarchical relationship (main and subauthorized representatives)?
• Telephone number for callbacks

It is best to send us an e-mail with the above information. Depending on your wishes, a preliminary meeting can be arranged to discuss the possible regulations in detail, or we can send you a blank draft with the typical contents of a general and health care power of attorney in advance by e-mail. Open questions can also be clarified in advance by telephone or on the occasion of the subsequent appointment for notarization.

On the A 100 take exit 20-Tempfelhofer Damm, then head north on the B96 (Tempelhofer Damm/Mehringdamm) until you reach Mehringdamm (on the left approx. 100 m before the Mehringdamm/Gneisenaustr. intersection).

Take the subway to U-Bhf Mehringdamm (U6/U7), then walk south on Mehringdamm to Mehringdamm 50 (approx. 300 m).

Alternatively, you can reach us by bus M19 (station U-Mehringdamm) or by bus 140 (station Yorckstr./Großbeerenstr.).

Directions PDF

Mehringdamm 50 | 10961 Berlin

Tel.: 030 68 83 65 89 | Fax.: 030 7889 7245

notar[at]j-michaelis[dot]de (notary issues)

ra[at]j-michaelis[dot]de (lawyer issues)