1.  Are proxies used in contingency planning?
  2. In which areas are proxies used (banks, real estate, shares)?
  3. Are there any formal requirements for proxies? For specific areas? What is common?
  4. Can proxies be used beyond death (postmortal and/or transmortal proxies)?
  5. What is the relationship between a proxy document and a living will?
  6. Is it possible to centrally deposit or register proxies?
  7. Is there anything special that should be considered?

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Germany
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1. Are proxies used in contingency planning?

In Germany, proxies are used for contingency planning, especially general proxies (Generalvollmachten) and precautionary proxies (Vorsorgevollmachten).

The general proxy entitles the authorised representative to take decisions for the principal in a large number of cases. The precautionary proxy focuses on decisions which have to be taken if the principal is no longer able to take care of his financial or personal matters, e.g. due to an illness.

2. In which areas are proxies used (banks, real estate, shares)?

Proxies are basically used in all areas, especially assets, legal and tax proceedings and personal matters. There are only few limits. For some matters formal requirements have to be met (cf. point 3).

3. Are there any formal requirements for proxies? For specific areas? What is common?

In principle, there are no formal requirements. Oral or written form is sufficient. The proxy does not have to be notarised.

However, there are exemptions for certain matters. For example, notarization is required if the authorised representative shall take declarations to the real estate registry or the commercial register. Sometimes, banks require a proxy on their respective proxy form or - at least - a publicly certified proxy.

4. Can proxies be used beyond death (postmortal and/or transmortal proxies)?

Unless otherwise specified the proxy continues to be effective after the principal's death, if the principal has granted a proxy during his or her lifetime (transmortal proxy). It is also possible to grant a proxy, which only becomes effective after the death of the principal (postmortal proxy). However, the heirs may revoke the proxy after the principal's death.

5. What is the relationship between a proxy document and a living will?

In the living will, a person can specify in writing whether certain medical treatments shall be carried out if he or she is no longer able to explain his or her decision (due to an illness or accident). A living will should be combined with a precautionary proxy or a similar instrument. The authorised representative ensures that the living will will be implemented. He or she interprets the living will and decides on medical treatments on this basis.

6. Is it possible to centrally deposit or register proxies?

The living will can be registered (in combination with a precautionary proxy) in the contingency register which is managed by the Bundesnotarkammer. If necessary, courts may consult the register to check whether a proxy and a living will are existing.

7. Is there anything special that should be considered?

It should be carefully analysed if there are special formal requirements for certain matters covered by a proxy.