Betreuungsverfügung Beglaubigung

• Care Organization Act (BtOG)
• Saarland Act on the Implementation of the Care Organization Act (AG-BtOG)

With a care directive, anyone can specify in advance who the court should appoint as a caregiver if legal care becomes necessary.

An accident, stroke or age-related illnesses such as dementia can quickly and unexpectedly put anyone in a situation where they can no longer act independently.

As a result of your own inability to act, it becomes necessary for someone else to act on your behalf. By making a care directive, you can protect your interests in advance in the event that care is required.

With a care directive, anyone can specify in advance who the court should appoint as a legal guardian. The court is bound by this choice unless the desired person is not suitable to manage the care. In the same way, it is also possible to specify who should not be considered as a guardian under any circumstances. It is also possible to specify the content of the guardian's instructions, such as which wishes and habits should be respected or whether care should be provided at home or in a care home. The care directive can also be combined with a health care proxy and would come into effect if the health care proxy is - for whatever reason - not effective.

Both the guardian appointed by you and the guardianship court are bound by the care directive if it is not contrary to your best interests. The care directive only applies if it is actually necessary due to your state of health.

If there is no care directive, the local care court will appoint a caregiver. Even if your proposed guardian is unsuitable as such, the guardianship court will appoint another guardian - if possible from your immediate environment. The court will then assign certain areas of responsibility to the guardian it has appointed.

In general, a care directive is not subject to any formal requirements, but it is advisable to draw it up in writing for reasons of proof. The public certification of your signature can increase the acceptance of a care directive issued by you. You can have your care directive notarized by the local care authority or a notary.

You also have the option of registering the advance care directive with the Central Register of Advance Care Directives and indicating its location. You can access the Central Register of Lasting Powers of Attorney online at: https://www.vorsorgeregister.de.

Tip: Involve a notary in complicated legal matters and seek legal advice if necessary.

• Care directive in the original
• Identity card or passport (passport only in conjunction with a current registration certificate)

There are no special requirements.

A fee of EUR 10.00 is charged for each notarization.

Go to the care authority in person with the care directive and your identity document.

In the presence of the staff member ("notary public"), you personally put your signature on the documents to be signed.

The notary compares your identity and signature and affixes an authentication note and the official seal to the documents.

There is no deadline.

• Notarization of a care directive
• The care directive specifies the person, type and scope of legal care.
• When choosing a legal guardian, the guardianship court takes into account the wishes set out in the care directive, unless there are important reasons to the contrary.

The local guardianship authorities in Saarland are the administrative districts and the Saarbrücken Regional Association. The care authority in whose district the person concerned has their habitual residence has local responsibility.