Proxy Consent Form for Germany

Proxy Consent Form Template for Germany

A German law-governed Proxy Consent Form (Vollmacht) is a legally binding document that enables an individual (the principal) to authorize another person (the proxy) to act on their behalf in specified matters. Operating under the German Civil Code (BGB), this document establishes the scope, limitations, and duration of the proxy's authority. It can cover various areas including healthcare decisions, financial matters, and personal affairs. The document must comply with German formal requirements and may need notarization depending on its intended use, particularly for real estate or significant financial transactions.

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What is a Proxy Consent Form?

The Proxy Consent Form (Vollmacht) is essential in German legal practice for situations where an individual needs to delegate decision-making authority to another person. This document is commonly used for healthcare decisions, financial management, or general representation in legal matters. The form must comply with German Civil Code (BGB) requirements and may require notarization depending on its scope. It's particularly relevant when planning for potential incapacity, extended absence, or specific transactions requiring representation. The document typically includes detailed information about the principal and proxy, specific powers granted, duration of authority, and any limitations or conditions. In healthcare contexts, it often complements advance directives (PatientenverfÃ¼gung), while in financial matters, it may be used alongside other estate planning documents.

What sections should be included in a Proxy Consent Form?

1. Parties (Die Parteien): Identification and details of the principal (Vollmachtgeber) and the appointed proxy (BevollmÃ¤chtigter), including full names, addresses, and dates of birth

2. Declaration of Sound Mind (ErklÃ¤rung der GeschÃ¤ftsfÃ¤higkeit): Statement confirming the principal is of sound mind and acting voluntarily in granting the proxy

3. Scope of Authority (Umfang der Vollmacht): Detailed description of the powers being granted to the proxy, including specific actions they can take and decisions they can make

4. Duration (GÃ¼ltigkeitsdauer): Specification of when the proxy authority begins and ends, including any conditions that trigger or terminate the authority

5. Obligations of the Proxy (Pflichten des BevollmÃ¤chtigten): Description of the proxy's duties, responsibilities, and standard of care required

6. Revocation Rights (Widerrufsrecht): Statement of the principal's right to revoke the proxy and the procedure for doing so

7. Signatures and Date (Unterschriften und Datum): Space for signatures of all parties, dates, and any required witness attestations

What sections are optional to include in a Proxy Consent Form?

1. Healthcare Decisions (GesundheitsfÃ¼rsorge): Additional section when the proxy includes authority for medical decisions, including specific healthcare powers and limitations

2. Financial Affairs (VermÃ¶gensangelegenheiten): Detailed section when the proxy includes authority over financial matters, including banking, investments, and property transactions

3. Multiple Proxies (Mehrere BevollmÃ¤chtigte): Section needed when appointing multiple proxies, defining their roles and whether they can act independently or must act jointly

4. Digital Assets (Digitale VermÃ¶genswerte): Section covering authority over digital accounts, cryptocurrencies, and online services when relevant

5. Emergency Powers (Notfallbefugnisse): Special powers that only become effective in specified emergency situations

What schedules should be included in a Proxy Consent Form?

1. Identification Documents (Ausweisdokumente): Copies of official identification documents of both the principal and proxy

2. Medical Information (Medizinische Informationen): Relevant medical information or preferences when healthcare powers are included

3. Asset Schedule (VermÃ¶gensverzeichnis): List of assets covered by the proxy when financial powers are granted

4. Contact List (Kontaktliste): List of important contacts including alternate proxies, family members, doctors, or advisors to be consulted

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Proxy Consent Form?

What sections should be included in a Proxy Consent Form?

What sections are optional to include in a Proxy Consent Form?

What schedules should be included in a Proxy Consent Form?

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