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Authorized Representatives: What are their rights and obligations?
Accident, illness, old age - for all of us there can come a point at which we can no longer decide for ourselves. With the power of attorney, you are instructing a person of trust to act on your behalf. In this guide you will find out what rights and obligations the authorized representatives have.
What you can regulate with a power of attorney
With the power of attorney, the principal grants one or more persons the right to act in his favor. There is a great deal of leeway in structuring the power of attorney; all areas that may later become relevant can and should be included in the document. Because if the principal is legally incapable, the power of attorney can no longer be supplemented.
As a rule, the following six legal areas are covered in a health care proxy:
- Health and Dependency
- Residence and housing matters
- Post and telecommunications
- Representation in court
The authorized representatives may only act in the areas assigned to them. Someone you have authorized to take care of your health is not automatically allowed to take over your financial affairs. In the worst case, this could make the authorized representative liable to prosecution. It is also possible to give someone the power of attorney for an area - z. B. health care - but excluding individual points - such as the decision on treatments that can lead to death.
With the power of attorney, you determine the areas in which your deputy may work for you externally. So that it is clear later in which situations the authorized representative may act, you should record everything as detailed as necessary, but as simply as possible. If you are too specific in the provisions, the person you have authorized may not be able to act. If you grant multiple power of attorney, these must not contradict each other. It is also important to prepare instructions for the authorized representatives. The power of attorney exclusively regulates the so-called external relationship. It authorizes a person to represent you externally, i.e. vis-à-vis third parties, and serves as appropriate evidence. How your confidant should act is not noted in the power of attorney. As a supplement to the health care proxy, you should therefore draw up a document that shows how your confidante should act - you can formulate this as clearly as you think necessary. It is an agreement between the principal and the authorized representative, the so-called internal relationship.
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