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Care directive: decide for yourself who cares for you

In case you one day need legal guardianship, do you want a say in who takes on this task? That is exactly what the care directive is for. It supplements, or replaces, the health care power of attorney.

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With a care directive you determine, in case the court orders legal guardianship, who is to become your guardian (or expressly not) and how the guardianship is to be conducted. The court must take your wishes into account, insofar as they do not run counter to your welfare.
Unlike the health care power of attorney, the care directive does not prevent the guardianship; it only steers it. Often the combination makes sense: a health care power of attorney to avoid guardianship as far as possible, plus a care directive as a safeguard.

What you should do now

  1. 1

    1. Designate your preferred person

    Who is to be your guardian in the event of guardianship, and who under no circumstances?

  2. 2

    2. Record your wishes

    Record how the guardianship is to be conducted (for example place of residence, living habits).

  3. 3

    3. Draw it up in writing

    Draw up the care directive in writing, sign it and keep it where it can be found.

  4. 4

    4. Combine with a power of attorney

    Consider a health care power of attorney in addition, to avoid guardianship as far as possible.

Frequently asked questions

What is the difference between a care directive and a health care power of attorney?

With a health care power of attorney you authorize a person you trust, so that in an emergency usually no court guardianship is needed at all. The care directive, by contrast, only takes effect if guardianship is ordered after all: in it you determine who is to become guardian and how the guardianship is conducted. The two complement each other well.

Must the court follow my care directive?

The court must take into account the wishes you expressed in the care directive, both as to the person of the guardian and as to the conduct of the guardianship, insofar as they do not run counter to your welfare. So your preferred person should in principle be appointed. Therefore keep the directive where it can also be found if needed.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.