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Germany Urges Post-Mortem Clauses in Powers of Attorney for Estate Management

Legal experts emphasize the importance of drafting Vorsorgevollmachten with clauses for post-mortem validity and registering them for seamless access by courts and physicians.

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Overview

  • A Vorsorgevollmacht enables individuals to appoint trusted agents to manage their affairs in cases of incapacity, avoiding court-appointed guardianship.
  • Legal experts recommend including a clause ensuring the power of attorney remains valid after death to facilitate estate management before the will is opened.
  • Entrepreneurs are advised to adopt comprehensive powers of attorney to ensure business continuity in cases of incapacitation or death.
  • The Bundesnotarkammer’s Central Advance Directive Register allows for the registration of Vorsorgevollmachten, enabling courts and physicians to access them electronically at any time.
  • Handwritten wills can be deposited at district courts, but other advance directives must be securely stored by the individual or a trusted person, with optional registration for accessibility.