Protection through crisis regulations - a sensible investment
In addition to the heavy emotional burden, you don't want to have to deal with other problem areas. Nevertheless, unpleasant existential and self-determination issues can arise. Various precautions help to create planning security and prevent potential problem areas.
Unwanted existential and/or self-determination issues
Are the standard of living and liquidity of the surviving spouse or partner secure? Can the existing home be kept and continued to be used? Is an heir or their representative insisting on payment of their share? Are there signs of a dispute between the heirs? Is there a risk of getting lost in the bureaucratic jungle? Who decides for the person concerned? Questions upon questions.
Protection under inheritance law
The surviving spouse and/or partner can benefit greatly from suitable inheritance arrangements - not only in terms of value, but also in terms of procedural law. For example, they can be awarded the freely disposable inheritance share or the other heirs can be entitled to their (possible) compulsory portion, whereby these compulsory portions are only paid out in the form of bequests. This means that no community of heirs is created that has to laboriously decide on all matters or the division of the estate by mutual agreement. Instead, the sole heir can decide for himself which assets he takes over and how he pays out the shares of the other heirs (e.g. children). The sole heir can handle everything necessary vis-à-vis the division authority alone. This safeguards the standard of living of the surviving spouse or partner, reduces bureaucratic hurdles and prevents disputes between the heirs.
Promoting self-determination and relieving the burden on relatives
With an advance care directive, you can appoint preferred persons as decision-makers in the event of permanent incapacity to make decisions (e.g. due to an accident, stroke or dementia) and thus ensure that you are represented by these preferred persons. The actions of the desired persons can be specified in accordance with substantive requirements and instructions. In this case, no further consent is required from the child and adult protection authority (KESB). There are therefore no further bureaucratic hurdles for the actions/decisions of the person making the wishes.
The living will applies in particular to medical measures in an emergency (in the event of incapacity). This means that the person of choice can be appointed as the decision-maker and their own representation can be ensured by these same persons. At the same time, relatives can be relieved of some of the burden by specifying the content and instructions (e.g. life-sustaining measures yes/no? organ donation yes/no?).
Further precautions
The purpose of a general power of attorney is to ensure the possibility of representation at any time in a "healthy" state and, at the same time, to cover the interim phases of a certain "incompetence" until the validation of an advance care directive or a certificate of inheritance. Bank powers of attorney and a suitable account structure can guarantee account access at all times (avoiding liquidity bottlenecks). Businesses should ideally also ensure at company level that the company remains capable of acting (e.g. through subscription rights for third parties). Finally, insurance solutions (death insurance and the like) are also worth considering.
Recommendation
The individual case is always decisive for the specific structure of the crisis regulations. Gewerbe-Treuhand, with its interdisciplinary range of services, can provide comprehensive assistance. We look forward to hearing from you.
