1. What is a power of attorney or a precautionary mandate?
In both cases it is an authorization from you to another person to act in your name and on your account.
While a power of attorney can be very comprehensive, an advance care directive is limited to the event that you should no longer be capable of decisions.
Why issue a power of attorney?
With a power of attorney - as the name suggests - you authorize another person to act on your behalf. You probably know this from your professional life, where you act on behalf of your employer. This is exactly how a private power of attorney works.
What about that precautionary mandate?
A precautionary mandate is similar to a power of attorney, but only comes into force when the issuer has become incapacitated and after a validation by the KESP (child and adult protection authority) has taken place. It often happens that the previous power of attorney is no longer accepted when the person becomes incapacitated. It may therefore be worthwhile to draw up both a power of attorney (for minor representations) and an advance directive (in the event of incapacity).
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Things to know about the Precautionary Mandate
Precautionary mandate in marriage
Under child and adult protection law, spouses and registered partners have a right of representation by law if their partner is incapacitated.
However, this is limited to everyday affairs and actions.
For more comprehensive actions, the consent of the KESB is required. With a precautionary mandate, this consent is no longer necessary. It is an advantage if spouses authorize each other with an advance directive to take over all necessary actions.
Abuse of the precautionary mandate
The person specified by you in the precautionary mandate will be checked by the KESP for his or her basic suitability. A renewed review of the person is not planned. Exception: There are already doubts about the suitability during the check.
If, after the suitability check, the KESB becomes aware that the person's interests are not being safeguarded, the KESB can take measures (up to and including withdrawal of the authorization). However, it is recommended, as in the case of a power of attorney, to appoint only persons who are fully trusted.