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To ensure that you are always up to date, you will receive occasional notifications about important court rulings as well as legal commentary and notes from our experts on this page. Please be aware that the original language of our news content is German. While we strive for accuracy, automated or manual translations may occasionally contain errors. If any part of a ruling or commentary is unclear, do not hesitate to reach out to us for direct advice.
Spouses have the right to represent each other in health matters
Westphalian Chamber of Notaries. An accident or heart attack can happen to anyone unexpectedly. Those affected may then no longer be capable of acting and making decisions. If they have not established a corresponding power of attorney, spouses and registered partners have a right of emergency representation in such cases in accordance with Section 1358 of the German Civil Code (BGB). Emergency representation in health matters Spouses and registered partners are therefore not only authorized to...
Lost trust – How do I revoke a health care proxy?
The power of attorney gives the authorized representative very extensive powers and therefore requires unlimited trust in the person of the authorized representative. But what if this trust suddenly disappears? Revocation of the power of attorney „The power of attorney can be revoked by the principal at any time; an irrevocable power of attorney is not permitted,“ explains notary Michael Uerlings, press spokesman for the Rhineland Chamber of Notaries. This means that...
Building trust instead of fueling fears: A plea for evidence-based security policy
On March 26, the Schleswig-Holstein Bar Association hosted this year's panel discussion in Kiel. Under the title „Distorted Perception of Internal Security,“ renowned experts discussed the tension between actual and perceived crime. The panel included: Professor Thomas Feltes, lawyer and police scientist; Professor Thomas Kliche, education researcher, political scientist, and psychologist; Jan Kürschner (Alliance 90/The Greens), member...
Prenuptial agreement: Financial provision in a partnership
Westphalian Chamber of Notaries. Many people associate a prenuptial agreement exclusively with the idea of a possible separation. However, such a written agreement can also be useful during a happy marriage and provide security for both partners. Should the relationship nevertheless end one day, a well-thought-out prenuptial agreement often proves helpful. The clear provisions can be found in...
Help! I'm part of a community of heirs!
If several people become heirs, they initially jointly own the entire estate. All heirs form what is known as a community of heirs. The handling and settlement of communities of heirs often raises questions. Notaries provide support and advice in advance on how to prevent communities of heirs from becoming dysfunctional. Inheriting without taking action When a person dies, it is difficult for relatives to think about...
How to prevent your ex-partner from inheriting
Schleswig-Holstein Chamber of Notaries. A will can and should not only specify who inherits what. Many single parents who have minor children, for example, want to prevent the other parent from later gaining access to the inheritance. This is precisely the danger that exists. Custody also includes the management of assets. If a single parent dies and the other parent is granted custody,...