Dowry hunter - Aunt's partner tries to cheat the grandmother

No notary, if they have even the slightest understanding of their business, will draft a power of attorney for you that includes a clause something like, it only applies when the principal is no longer capable, etc....it's simply not practical. You would first have to prove that this clause has come into effect. And no one gets involved in this legal game. I am not a lawyer, but I have a lot of professional experience with these topics. If I am presented with a general power of attorney, the first thing I do is check whether such a "restriction" is included... if yes, I do not accept it...

But I also believe that so far I have seen at most one such notarial power of attorney that I have rejected. Because every notary knows that it makes no sense.

The scope is of course defined individually by the principal... but a restriction based on health status or similar makes the power of attorney practically unusable...

So for me as a layperson it means: make sure the assets are fairly distributed while in good mental condition? Otherwise the bloodsuckers start tearing each other apart? My father-in-law has already indicated that he will distribute everything in time except the house. He wants to be cared for there until the point where he is bedridden. Before that, he will take the rope.

This should not be an evaluation or recommendation. One just has to be clear about what one is doing. I consider a general power of attorney to be very important. Likewise, an advance healthcare directive... I neither want to have to argue later with a young, committed doctor about which treatments are still meaningful for my parents and which are not... if the doctor has a different opinion than I do or notices that one is not in agreement with his siblings, he acts as he thinks is right or, even worse, has a guardian appointed... I also don’t want to burden my children with that someday... There are also ways to deal with the fact that despite power of attorney, the bloodsucking heirs cannot just do whatever they want... but that digresses and goes too far here. However, anyone who is afraid of that should seek advice from a lawyer or notary. There are many possibilities... it costs a bit of money... but if it is important to you... But... basically, it is easier (and maybe even nicer?!) to distribute during one’s lifetime.

My wife has an advance healthcare directive and the sentence: if I can't, let me be switched off. Whether she will accept this will, I don't know. Probably not! That's why please let the grandmas and grandpas do as they think! I also find euthanasia great! Personal opinion!

My wife has an advance directive and the sentence: if I can’t, let me be taken off life support. Whether she will accept this will, I don’t know. Probably not! That’s why please let the grandmas and grandpas do as they think! I also think euthanasia is great! Personal opinion!

No notary, if he even remotely understands his business, will draft a power of attorney for you that includes a clause something like, only valid if the principal is no longer able, etc...

On the contrary, precisely a notary by profession understands something about not accidentally making the attorney a guardian.

or even worse, he allows a guardian to be appointed...

That is one of the advantages of the durable power of attorney, that you can also set the course for who should (not) be appointed as guardian in case of care.

So for me as a layman, it means: make sure the assets are distributed fairly while in good mental condition?

What laymen should also glean from tax law is, not least: only those who give gifts at least ten years before the inheritance event can let their heirs use the exemption multiple times.

On the contrary, a notary, by profession, understands how not to inadvertently make the authorized representative a guardian.

I can only repeat myself... for professional reasons, I see a lot of general powers of attorney. More or less, on average probably 2 per month. Maybe for the last 10 years. I can recall at most one that dated back to ancient times and had some kind of restriction related to legal capacity, and my employer, a large German bank, did not accept it after the legal department confirmed the non-acceptance. Precisely because there was no way to verify that restriction. We have lawyers in-house who specialize in inheritance/gifts/asset succession and all related topics. We give clients recommendations to initiate things involving tax advisors and notaries. Regarding the general and healthcare power of attorney, the first recommendation given is to have it drawn up and notarized by a notary. The advice that no restrictive clause regarding the health condition should be included has not been given for what feels like 20 years, simply because no notary would do that anymore. If anyone still has such a power of attorney floating around, I would urgently recommend having it reviewed again by a notary...

A general and healthcare power of attorney has nothing to do with guardianship. Which, by the way, has not existed for adults for what I believe is 20 years. You can no longer be legally incapacitated; at most, a legal guardian can be appointed. And that is exactly what the power of attorney is meant to prevent: that it covers the scope so that appointing a guardian is not necessary.

Of course, it is a matter of great trust to have such a general power of attorney. You can try to formulate points that specify certain issues. But you should also consider that you yourself change, times change, opinions change. And the more detailed and specific a power of attorney is formulated, the greater the risk that it will need to be changed, cease to apply because things are no longer feasible, etc.