These seven legal texts outline the governing regulations

These seven legal texts outline the governing regulations

Planning Ahead: Essential Legal Documents to Secure Your Legal Affairs

When it comes to legal planning, procrastination can be detrimental. It is crucial to clearly and unambiguously state wishes regarding incapacity due to illness or accident, or after death. The specific documents required can vary based on individual circumstances, but the following seven planning documents are a good starting point.

1. Last Will and Testament

Everyone, no matter their age, should consider having a will. A will can be handwritten or drawn up by a notary. A handwritten will, however, must be written and signed by hand to be valid, whereas a notarial will must be certified. The advantage of a notarial will is that it provides a clear and unambiguous recording of the testator's wishes, making interpretation in the event of inheritance typically straightforward.

1. Inheritance Contract

An inheritance contract is drawn up in contract form and concluded between at least two parties. This can include unmarried couples, siblings, or entrepreneurs who want to ensure a clear succession and prevent damage to the business after their death. The provisions regarding succession made in an inheritance contract can only be changed with the consent of both contracting parties. After the death of one of the two partners, no change is possible.

1. Patient's Directive

With a patient's decree, anyone can specify which medical or nursing care they wish to receive in case of incapacity, such as after an accident or stroke, when they are no longer able to express themselves. It is important to formulate one's wishes as precisely as possible, as vague statements can lead to various interpretations, which may render the document invalid.

1. Power of Attorney

With a power of attorney, one can still appoint one or more trusted persons to act on their behalf in case of incapacity to conduct business and/or give consent. A power of attorney typically covers two areas, health and property, but these can also be separated. It can be established in a notarial form or created online, but if the power of attorney is to authorize the performance of real estate transactions, it must be publicly certified and notarized.

1. General Power of Attorney

With a general power of attorney, caregivers can authorize attorneys-in-fact to represent the principal in almost all legal and economic matters. A general power of attorney is particularly important for business owners who want to protect their company from economic damage, even in the event of death.

1. Guardianship Provision

With a guardianship provision, the caregiver specifies who the guardianship court should appoint as guardian in case of guardianship, such as in cases of dementia. In most cases, caregivers also choose trusted persons such as spouses or relatives for this role. It is also possible to name different persons as guardians for both areas.

1. Organ Donor Card

Those who wish to donate organs after their death can include this wish in a patient's directive or power of attorney. An additional organ donor card is not necessarily required but can be useful for ensuring that one's wishes are clearly communicated. Applications for an organ donor card can be filled out in many doctor's practices and pharmacies.

In summary, preparing these documents can help ensure that one's affairs are managed according to their wishes, reducing the burden on loved ones in times of crisis or incapacity. It is recommended to seek advice from notaries, estate planners, or consumer centers for guidance based on individual circumstances.

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