The main task includes the care of persons and property. Personal care consists of:
- Handling personal law matters
Personal law matters include personal rights on the one hand and family rights on the other. However, the representative may only act in these areas if the represented person is not capable of making decisions and the matter falls within their sphere of activity. It should also be noted here that representation is not possible in certain (highly personal) matters. Such matters, which are not subject to representation, include marriage, adoption, or the drawing up of a testamentary disposition. - Medical treatments
If a legal adult is capable of making decisions, they can only consent to medical treatments themselves. However, in the case of a person who is not capable of making decisions, the consent of the representative is required for the treatment to be carried out – in this case, however, the will of the person concerned must be taken into account in particular. In the event of disagreement, the matter must be referred to the guardianship court. - Changes in place of residence
In principle, persons who have reached the age of majority can only decide on changes of residence themselves, provided that they have the capacity to make decisions. If this is not the case, the representative must make the decision, provided this is necessary to safeguard the person’s welfare. However, permanent changes of residence require court approval – in the case of an advance power of attorney, this is only required if the intended place of residence is abroad.
