Since July 1, 2018, the 2nd Adult Protection Act has replaced the previous guardianship law. The new system represents a departure from the principle of automatic loss of capacity to act. In addition, four forms of representation have now been provided: the health care power of attorney, elected adult representation, statutory adult representation and judicial adult representation.

 

However, the autonomy of the person concerned is still most pronounced when it comes to a power of attorney. In the future, it will be possible to set up a power of attorney for health care with lawyers, notaries and adult protection associations.

The 2nd Adult Protection Act (2nd ErwSchG) retained the basic structure of the power of attorney, but changed numerous points. What is particularly new is that in future the power of attorney can only be effectively established in front of a lawyer, notary or adult protection association.

Further details can be found in our current newsletter.

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