Living Will from the Notary – Certified Power of Attorney

A living will is valid without a notary as long as it is in writing, clearly worded and signed. Experience shows, however, that many privately drafted documents are not applied in an emergency because they contain unclear wording or do not describe medical situations sufficiently. Doctors must be able to recognise the will unambiguously, otherwise implementation is difficult. Notarial advice helps to avoid typical mistakes, structure the text clearly and ensure that all relevant scenarios are described.

The difference is that the living will records only the medical will, while the lasting power of attorney determines who may make decisions and enforce that will. The living will directly affects medical treatment, while the lasting power of attorney defines the representative role of a trusted person. Both documents complement each other and should ideally be drawn up together so that both the content and the responsibilities are clearly defined.

A living will is valid without a lasting power of attorney, since it sets out the medical will directly. Without a lasting power of attorney, however, the problem often arises that nobody is authorised to enforce that will with doctors, hospitals or authorities. A guardianship court may then appoint a legal guardian who is not necessarily the person you would have chosen. A living will alone is therefore often not enough. Only the combination of both documents ensures that the will is clearly documented and can actually be implemented when it matters.

A lasting power of attorney is valid without a notary, since in principle it requires no particular form. Nevertheless, many banks, authorities and institutions require notarial certification or notarisation in order to reliably assess the authenticity of the signature and the grantor’s legal capacity. Without a notary, the power of attorney is therefore often not accepted in important areas. For assets, property, health matters or more complex decisions, a notarial lasting power of attorney is usually the more practical and safer solution, as it is readily recognised.

The cost of a living will at the notary depends on the work involved and the statutory fees. In many cases the cost of notarial support is moderate, especially if the living will is drawn up together with a lasting power of attorney. There may be additional costs for copies or registration in the Central Register of Powers of Attorney. Overall, the costs are low in relation to the benefit, since a clear, complete and well-worded living will makes things considerably easier in an emergency.

A simple certification usually costs around 30 euros gross; notarisation costs correspondingly more, depending on the value of the assets. The costs depend on the work involved and the statutory fee rules and may be higher for complex asset structures. There may be optional additional costs for copies or registration, for example in the Central Register of Powers of Attorney. Overall, the costs are manageable and in reasonable proportion to the importance of a fully effective lasting power of attorney from the notary.

As a rule, powers of attorney are valid indefinitely unless otherwise agreed. Regular updating is recommended. Powers of attorney generally remain in force until they are revoked or replaced by a more recent document. It is nevertheless sensible to review the content from time to time, for example when your life situation or family circumstances change or in the event of major asset movements. A clear and up-to-date power of attorney prevents misunderstandings and makes acceptance by banks, authorities or medical institutions easier.

Yes, a power of attorney can be revoked at any time and the revocation should be made in writing. It is advisable to inform all parties concerned – banks, insurers, doctors or authorities – of the revocation and to retrieve or destroy old documents. If a notarial power of attorney is revoked, the revocation should also be clearly dated and made fully in writing. On request, the revocation can additionally be documented by the notary so that no doubts arise.

In that case, the guardianship court appoints a guardian in an emergency, often contrary to the actual wishes of the person concerned. Without a lasting power of attorney, neither spouses nor children are automatically entitled to make decisions. The court decides who is appointed as legal guardian, and that person then takes over financial, health and personal matters. This can lead to delays, conflicts and decisions that do not reflect your own wishes. A lasting power of attorney reliably prevents this situation and ensures that a trusted person chosen in advance can act.