According to this, spouses can legally represent each other in matters of health care in the event of acute emergency care, for example after an accident or a sudden stroke, under narrowly defined conditions. The aim of this new regulation is to avoid summary proceedings in court.
The new regulation of spousal representation law is applied if the partner is legally unable to take care of his/her health care matters due to unconsciousness or illness. The scope of representation is regulated by law. The right of representation covers not only treatment directly related to the unconsciousness or illness that triggers the right of representation, but also subsequent medical care if this proves to be necessary and cannot be postponed.
The right to represent a spouse is limited to a maximum period of six months. Doctors providing treatment are released from their duty of confidentiality during this period.
Does not apply to separated persons
The new regulation does not apply if the partner is separated or if a guardian has already been appointed for the same area of responsibility. Anyone who does not wish to be represented by their spouse can also expressly object to the emergency representation and ideally authorize another person. In order to document this, the public health department recommends an entry in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries by a notary. This exclusion is intended to prevent a person in whom the person with the illness has no trust from being allowed to automatically manage their affairs.
The automatic right of representation does not apply to the area of asset management. If there is no joint account or no bank power of attorney, the partner will not be able to act as a representative in this area.
The public health department advises married couples and those living in recognized civil partnerships to make provisions in the form of a living will and power of attorney in the event of an emergency, despite this future right of representation for spouses, due to the restriction to medical treatment and the time limit. Otherwise, a guardian may have to be appointed for the spouse who is no longer capable of acting.
Only if a health care proxy and, if necessary, a living will are drawn up at an early stage, covering all areas of responsibility, can the spouses ensure that they are fully represented in the future if they are no longer able to care for themselves due to illness, an accident or increasing frailty.
The official guardianship office of the city of Salzgitter provides advice on questions regarding legal provision. It can be contacted on 05341 / 839-2470, where you can also obtain a care folder containing information and forms on, among other things, health care proxies and care and living wills.
