What is the difference between a lasting power of attorney and an advance directive?

The lasting power of attorney (Vorsorgevollmacht) takes effect externally vis-à-vis third parties (banks, authorities, doctors) and authorizes a person to act on your behalf. The advance directive (Patientenverfügung), by contrast, sets out concrete treatment wishes for specific situations — the attorney enforces these wishes. In addition, a guardianship directive (Betreuungsverfügung) determines whom the court should appoint if a legal guardian is nevertheless required.

Why is “no life-prolonging measures” not sufficient as an advance directive?

According to the case law of the Federal Court of Justice (BGH), an advance directive must refer with sufficient specificity to particular treatment situations and measures (§ 1827 Abs. 1 BGB). General formulas have no direct binding effect — doctors and attorneys would then first have to establish the presumed wishes laboriously.

Do I need a notary for the lasting power of attorney?

For health matters alone it is not mandatory, but it is advisable. Notarial or publicly certified form becomes necessary as soon as real estate transactions, land register declarations (§ 29 GBO) or company shares/loans (§ 12 HGB) are involved — the land registry or the bank will then usually not accept a privately written power of attorney.

What happens without a lasting power of attorney?

If you become incapable of making decisions and there is no valid power of attorney, the guardianship court appoints a legal guardian — not automatically your spouse or children, but whomever the court considers suitable (§§ 1814 ff. BGB). A lasting power of attorney generally prevents this.

Where should I deposit the power of attorney?

We recommend registration in the Central Register of Lasting Powers of Attorney kept by the Federal Chamber of Notaries (Bundesnotarkammer) — guardianship courts query it before appointing a legal guardian and will therefore reliably find your power of attorney.

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Create a lasting power of attorney & advance directive — without a stranger as deputy

Without a lasting power of attorney (Vorsorgevollmacht), in an emergency the guardianship court decides on a stranger. We help you word the power of attorney, the guardianship directive and the advance directive in concrete and effective terms.

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Quick check: what should you do?

3 short questions — no sign-up required.

Do your assets include real estate, company shares or loans?

Should the power of attorney also cover measures involving deprivation of liberty (e.g. placement in a closed facility)?

Would you also like to set out concrete treatment wishes in an advance directive?

Is there no one you trust and would like to appoint as your attorney?

Deadline at a glance

Worthwhile at any time

There is no statutory deadline — but without a valid lasting power of attorney, in an emergency the guardianship court appoints a stranger as legal guardian (§§ 1814 ff. BGB). The earlier it is arranged, the safer.

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

A living will (Patientenverfügung) with general phrases such as "no life-prolonging measures" is not binding under BGH case law (§ 1827 Abs. 1 BGB).
Without express mention, the power of attorney does not cover dangerous medical treatment or measures depriving a person of liberty (§ 1829 BGB).
A privately written power of attorney is usually not sufficient for real estate — the land registry requires public certification (§ 29 GBO).

What you can do here in 5 minutes

If someone loses legal capacity — through an accident, illness or old age — and there is no valid lasting power of attorney (Vorsorgevollmacht), the guardianship court (Betreuungsgericht) appoints a legal guardian (Betreuer), often a stranger (§§ 1814 ff. BGB). The lasting power of attorney takes effect vis-à-vis third parties, the guardianship directive (Betreuungsverfügung) is addressed to the court, and the advance directive (Patientenverfügung) sets out treatment wishes — three instruments that must work together. For dangerous medical treatment and measures involving deprivation of liberty, the power of attorney must expressly name these powers (§ 1829 BGB); otherwise it does not apply there.

Provide details of your attorneys, the desired scope and your treatment wishes — we structure financial and health matters, point out the mandatory details for measures involving deprivation of liberty (§ 1829 BGB), word the advance directive concretely rather than in general phrases (§ 1827 BGB) and remind you of notarial certification where real estate or company shares are involved.

How it works

Results in three steps

Define attorneys & scope

Who should take care of financial and health matters? Substitute attorneys in case the first person is unable to act.

Specify health matters & advance directive

Expressly name measures involving deprivation of liberty (§ 1829 BGB); word treatment wishes by reference to specific situations and measures rather than in general terms (§ 1827 BGB).

Certification & registration

Note on notarial certification for real estate or company shares (§ 29 GBO) and on registration in the Central Register of Lasting Powers of Attorney (Zentrales Vorsorgeregister).

What you get

Define attorneys & scope – Who should take care of financial and health matters? Substitute attorneys in case the first person is unable to act.
Specify health matters & advance directive – Expressly name measures involving deprivation of liberty (§ 1829 BGB); word treatment wishes by reference to specific situations and measures rather than in general terms (§ 1827 BGB).
Certification & registration – Note on notarial certification for real estate or company shares (§ 29 GBO) and on registration in the Central Register of Lasting Powers of Attorney (Zentrales Vorsorgeregister).

What it is not

No notarial recording or certification — for real estate or company assets we refer you to a notary.
No medical advice on specific treatment decisions — for this we recommend a consultation with your doctor.
No substitute for a court-ordered guardianship if the court considers a supervisory person necessary despite the power of attorney.

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An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

For complex asset structures, business holdings, foreseeable disputes between several possible attorneys or cross-border aspects: a specialist lawyer for inheritance or guardianship law (Fachanwalt), or a notary. We refer you directly.

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