Deutschland Kompass
↰ Power of Attorney and Living Will
STEP

Vorsorge: What Happens Without Documents

The myth that your spouse will handle it does not work in Germany. Without a power of attorney, a court-appointed guardian decides — possibly a stranger.

✓ Verified: 18/07/2026

WHAT TO DO

A professional guardian is no villain — but a busy stranger with dozens of cases, acting by formal rules and reporting to a court. The three documents in this route are free, done in an evening, and make your worst day manageable for the people who love you.

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› Details and tips
👨🏻‍💻
Max recommends:

I checked: no adult in Germany is represented automatically — not spouse, children or parents. Without a power of attorney a court-appointed guardian decides, possibly a stranger with dozens of cases.

👩🏼‍💼
Lea recommends:

Important for newcomers: attorneys may live abroad, that is allowed — but name a German-speaking backup for day-to-day dealings with banks and offices.


FREQUENTLY ASKED QUESTIONS

Is this the same as a will? ▾

No: a will acts after death, Vorsorge documents during life. You need both — different tools.

Married 20 years — do we really need paper? ▾

Yes. Spousal emergency representation covers only medicine and expires after 6 months. Withdrawing money, extending the lease or talking to insurers needs a power of attorney.

Which documents do I actually need? ▾

Three complement each other: the power of attorney (someone acts for you), the living will (your medical wishes) and optionally the care directive (if a court does decide, it names whom to appoint). Together they prevent a stranger as guardian.

OFFICIAL SOURCES