Cross-Border Advance Directives

A sudden accident, stroke, or dementia can change everything. Without proper documents, German courts may decide who handles your finances, where you live, or even who raises your children if both parents pass away. For international families with ties to Germany, failing to plan can mean loss of control — and decisions made by strangers.

A German Power of Attorney (Vorsorgevollmacht) allows you to appoint a trusted person to manage:

• Banking and real estate transactions
• Health care decisions, including surgery consent and hospitalization
• Residential matters (leases, nursing homes)
• Digital assets (email, social media, crypto)
• Mail and telecommunications

Best practice:

• Notarization ensures acceptance by banks and authorities.
• Registration with the German Central POA Register (ZVR) guarantees that courts can locate the document in emergencies.

If no valid POA exists, German guardianship courts may appoint a legal guardian (gesetzlicher Betreuer). Through a Care Directive (Betreuungsverfügung), you can:

• Specify who should (or should not) act as guardian
• Limit guardianship to certain areas (property, health, residence)
• Influence court decisions while retaining control

Without such a directive, the court may appoint a stranger.

A Living Will (Patientenverfügung) defines your medical treatment preferences in advance. It ensures:

• Doctors know whether you consent to life-prolonging treatment, artificial feeding, or resuscitation
• Your family is relieved of making painful choices
• Hospitals and care facilities must comply with your written wishes

Living Wills are recognized under German law and must be written, signed, and regularly updated.

What happens to your children if both parents die while living abroad?

• By default, a German family court (Familiengericht) decides custody if the children return to Germany.
• Relatives in Germany may apply to be appointed as guardians. The court will review suitability, family ties, and the child’s welfare.
• Without a clear parental directive, conflicts between relatives or even state care may arise.

Solution: Parents can make a Custody Directive (Sorgerechtsverfügung):

• A written, signed document naming the person(s) you want to care for your children.
• Strongly recommended to notarize for evidential value.
• German courts generally follow these wishes unless the child’s welfare is at risk.

For expat families, this is critical: without a custody directive, German relatives cannot automatically assume guardianship.

• Assuming marriage gives automatic authority — it does not.
• Forgetting to register a POA with ZVR — courts may not find it.
• Omitting successor agents — leaving gaps if one cannot serve.
• No written custody designation for minor children.
• Outdated documents — banks and hospitals often reject old POAs or Living Wills.

Inheritance Law Pages

1. Draft a POA, Care Directive, and Living Will together — they complement each other.
2. Name guardians for minor children in a written Custody Directive.
3. Notarize and register all documents for legal certainty.
4. Provide bilingual versions for international recognition.
5. Review and update every 3–5 years.

Without advance planning, German courts — not your family — will decide who manages your assets, your care, and even who raises your children. With the right documents, you can safeguard your autonomy and ensure your children are protected by the people you trust.

German Attorney Nicola Casper-Hoesl prepares customized, bilingual directives and custody provisions, ensuring that your wishes are recognized in Germany and abroad. Protect your future — and your children’s — before it’s too late.