The preventive care order can either be drawn up by hand/on your own, or it can be publicly certified by a notary like a will. The fact that there is a preventive care order may be reported to the civil registry office of the place of residence and this office will then make an entry in the central database. This voluntary registration ensures that the closest environment and the competent authority are informed of the existence of a preventive care order. A preventive care order can also be revoked at any time, either by destruction or by a procedure analogous to the establishment. As long as the person concerned is unable to make a judgement, the preventive care order is valid. Its validity shall take effect from the date on which the person concerned becomes incapable of judgement.
The contracting person of the preventive care order can determine the content. The various tasks (personal provision, asset management, representation in legal transactions) can be transferred alternatively or completely. The contracting person can either limit individual areas or transactions, or place the order comprehensively for all possible transactions. In addition, specific instructions can be issued or certain actions can be prohibited. A patient decree can also be issued with the preventive care order. This allows certain medical treatments to be specified in the event of incapacity to judge.
Authorised private representative
An authorised private representative may be either a natural or a legal person. Preferably, the authorised private representative alternatively designates several persons at once, if a designated person cannot or does not wish to accept the order. The representative shall have the right to refuse this position before it is filled. If the authorised private representative accepts the position, then he or she has the duty to inform the Child and Adult Protection Authorities about the occurrence of the case of legal representation. Finally, the authorised private representative has the duty to carry out the transactions described in the preventive care order. The authorised private representative has the right to terminate the preventive care order at any time with a notice period of 2 months.
When the Child and Adult Protection Authority learns of a person's inability to judge, it must first clarify whether a preventive care order exists. If such an order exists, it shall examine whether it has been validly established and whether the incapacity to give judgement has actually occurred. The appointed representative is then assessed to determine whether he or she is fit to take on this assignment.
A person’s inability to judge cannot be planned. As long as a person is still healthy, they can and should decide for themselves who will look after their affairs in the event of an inability to judge. It is advisable to discuss and examine the possibilities of a preventive care order and a patient decree together with your lawyer and notary public.