A lasting power of attorney is of great help when individuals are suddenly no longer in a position to make their own decisions. Anne Erning, lawyer at Heuking Kühn Lüer Wojtek, was invited as a legal expert to explain on the ZDF show “Volle Kanne - Service täglich” what needs to be considered when preparing a lasting power of attorney.
With a lasting power of attorney the principal can appoint a person of trust who, in an emergency, can decide on medical and nursing measures, the place of residence as well as on legal matters of the principal. “A lasting power of attorney can prevent the competent local court from appointing a guardian to take over these tasks in an emergency. Appointing a guardian, however, takes time, costs money and, under certain circumstances, an outside, unwelcome person may be appointed as guardian,” Erning said. “In general, a lasting power of attorney does not require a specific form. For evidentiary reasons, however, it should be in writing, signed and dated,” Erning pointed out. Since banks sometimes fail to recognize lasting powers of attorney, the bank’s own forms should also be completed to grant banking authorizations. This will also ensure that the person of trust has quick and trouble-free access to the accounts.
See the entire interview at the ZDF media library.