Covered for emergencies
Why a power of attorney is also important for married couples
Updated 11/25/2025 – 06:58Reading time: 4 minutes
If a person suddenly can no longer make decisions for himself, someone else must take care of his affairs. A power of attorney provides relief.
Imagine suddenly being unable to make your own decisions – either because of illness, an accident or because of the need for care. So who can speak for you, agree to medical treatment or sign important contracts? Many people rely on their partners or children to take action automatically. However, this is not entirely true. A power of attorney ensures that the person you choose can act in the event of an emergency.
Anyone who can no longer act due to illness, accident, or needing treatment needs someone to make decisions for them. For a long time, by law no one was automatically allowed to intervene if the person concerned was old enough. So, both parents, children, and partners – and certainly not unmarried couples.
Things are different from January 2023: Since then, the statutory right of emergency representation comes into force. This means that one spouse or registered partner can take over the other’s health care in the event of a medical emergency – but only for a maximum period of six months. The court can then appoint a guardian.
A power of attorney is still useful for married couples. You can use it to name one or more people who can act on your behalf. This applies, among other things, to your health (who decides on operations, life-sustaining measures, nursing homes?), but a power of attorney can also be used for contracts, insurance, real estate and, in some cases, for banking matters (see info box).
However, things like marriage and wills are not included. In addition, communities can be given authority in various fields. Regulations are also possible regarding who can decide on what matters or if a dispute occurs.
There are no legal requirements regarding what a power of attorney should look like. Therefore, the scope of formulation possibilities is almost unlimited. There are very different forms that can be found on the Internet. These are usually very general and do not necessarily address personal or family circumstances.
This means: the more carefully the important details are regulated in the power of attorney, the safer it will be. Otherwise, legal disputes can easily start later due to inaccurate wording.
