ROUTE
Power of Attorney and Living Will
After an accident or stroke your spouse does NOT automatically represent you β a court appoints a guardian. Three free documents settle this in advance.
β Checked: 18/07/2026
A widespread misconception is expensive: your spouse does not automatically become your legal representative. If someone suddenly loses the ability to decide for themselves, a court appoints a guardian β potentially a stranger, if nothing was prepared in advance.
βΊ More about this route
This four-step route closes the subject completely: what happens without documents, how to draft a power of attorney for incapacity, how to word an advance healthcare directive, and where to keep everything so it is found in time.
All three documents can be produced yourself and free of charge; a notary is required only in particular cases. The difficulty lies not in the form but in being specific: a vague healthcare directive cannot be acted on by doctors.
WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME
- Relying on your spouse to decide. Without a power of attorney they may not represent you before doctors, banks or authorities.
- Wording the healthcare directive in generalities. Doctors need concrete situations and decisions, otherwise the document has no practical effect.
- Hiding the documents somewhere safe. If nobody knows about them and they are unregistered, they will simply not be found when needed.
- Writing them once and forgetting. Circumstances and medicine change; the documents deserve review every few years.
FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE
Does my spouse not decide for me anyway?βΎ
No. A limited right of representation between spouses exists for acute medical situations and only for a short period, but it does not replace a power of attorney and covers neither banking, housing nor long-term decisions.
Do I need a notary?βΎ
In most cases no: the documents are effective in ordinary written form. Notarisation is required where the power of attorney is to cover property transactions or company holdings.
How does a healthcare directive differ from a power of attorney?βΎ
The power of attorney names the person who will decide for you. The healthcare directive sets out what you do or do not want in specific medical situations. They complement each other, and having both is better.
Where should the documents be kept?βΎ
Somewhere they will be found: a copy with the person you appointed, a note in your wallet saying where the original is, and registration in the central register. A document nobody knows about does nothing.