Power of attorney, care directive and legal guardianship: recording your wishes

Legal status: 10.10.2026 (federal law, checked against the statutory text). Not legal advice; in an individual case, the guardianship authority, a guardianship association or specialist lawyers can help. Legal terms are translated here for understanding; the German wording of the law is what counts.

Guardianship, power of attorney, directive: who does what?

• Legal guardianship: a guardian appointed by the court manages affairs that you cannot manage legally yourself. ^{[1, para. 1]}
• Power of attorney for the future: You authorise a person to take care of your affairs. ^{[3, para. 1]}
• Care directive: You record whom you want or do not want as guardian and how guardianship should be carried out, in case guardianship becomes necessary. ^{[2, para. 2]}

On coming of age and alternatives: Coming of age at 18: what changes legally.

When the court appoints a guardian

The requirement is that you cannot manage your affairs legally, in whole or in part, and that this is due to an illness or disability. ^{[1, para. 1]} A guardian may not be appointed against your free will. ^{[1, para. 2]} Guardianship is only permissible if it is necessary; this is in particular not the case as far as the affairs can be managed equally well by an authorised person who is not among the people named in section 1816 para. 6, or by other help in which no legal representative is appointed, in particular by support based on social rights. ^{[1, para. 3]} A guardian can already be appointed for minors from the age of 17 if it is to be assumed that one will be necessary on coming of age; the appointment then takes effect only at that point. ^{[1, para. 5]} Under section 1816 para. 6, a person who is in a relationship of dependence or close relationship with a provider of facilities or services that cares for you may not be appointed guardian (exception: in the individual case there is no concrete risk of a conflict of interest). ^{[2, para. 6]}

Power of attorney for the future: what the law requires

Anyone who learns of the start of guardianship proceedings and holds a document in which you have authorised another person must inform the guardianship court without delay; the court can ask for a copy. ^{[3, para. 1]} For particularly intrusive measures, the power of attorney must be granted in writing and expressly cover these measures: consent (or refusal of consent) to certain medical measures involving danger to life or health, placement and measures depriving of liberty as well as compulsory medical measures. ^{[3, para. 2]} The court appoints a supervisory guardian if, because of illness or disability, you can no longer exercise your rights against the authorised person and there are concrete indications that they are not acting according to the agreement or your declared or presumed will. ^{[3, para. 3]} In case of urgent danger, it can prohibit use of the power of attorney. ^{[3, para. 4]} Who is trustworthy is therefore an important question. Note: this is a note from the editorial team.

Care directive: your wishes about guardianship

If you wish a particular person as guardian, this wish must be granted, unless the person is unsuitable. If you reject a person, the same applies (but not rejecting guardianship altogether). This also applies to wishes you expressed before the proceedings, unless you evidently no longer want to hold to them. Anyone who holds a care directive and learns of the proceedings must submit it to the court. ^{[2, para. 2]} If you propose nobody or the person is not suitable, the court takes into account family relationships, personal ties and the risk of conflicts of interest. ^{[2, para. 3]} Volunteer guardians without family ties should only be appointed if they have an agreement with a recognised guardianship association or the authority on accompaniment and support; professional guardians should only be appointed if no suitable person is available for volunteer guardianship. ^{[2, paras 4, 5]}

What a guardian must do

A guardian is to support you in managing your affairs legally yourself and use their power of representation only as far as necessary. They must establish your wishes and comply with them, except where you would thereby seriously endanger yourself or your assets and cannot recognise the danger because of illness or disability, or where it cannot reasonably be expected of the guardian. They must keep personal contact, regularly gain a personal impression and discuss matters with you, and they should contribute to improving your ability to manage your own affairs. ^{[4, paras 1–6]} Wishes you expressed earlier continue to apply as long as you do not evidently want to depart from them. ^{[4, para. 2]}

What else you should know

• Communication: If speaking or written wording is difficult, support in writing things down can help. Note: this is a suggestion from the editorial team.
• Advice: The guardianship authority and guardianship associations advise on powers of attorney for the future and care directives; the editorial team has not checked the details. General advice: Finding independent advice: what the EUTB does.
• Housing, everyday life, independence: Living with autism: what supported housing should provide, Becoming independent as a young adult on the spectrum: orientation.

Sources and literature

1. § 1814 BGB – Voraussetzungen der rechtlichen Betreuung. https://www.gesetze-im-internet.de/bgb/__1814.html – Statute (German federal law, in German)
2. § 1816 BGB – Eignung und Auswahl des Betreuers; Berücksichtigung der Wünsche des Volljährigen. https://www.gesetze-im-internet.de/bgb/__1816.html – Statute (German federal law, in German)
3. § 1820 BGB – Vorsorgevollmacht und Kontrollbetreuung. https://www.gesetze-im-internet.de/bgb/__1820.html – Statute (German federal law, in German)
4. § 1821 BGB – Pflichten des Betreuers; Wünsche des Betreuten. https://www.gesetze-im-internet.de/bgb/__1821.html – Statute (German federal law, in German)