In everyday language the term care proxy is often used for a power of attorney that covers health and care decisions. It determines who acts for you if you can no longer decide for yourself, for example after a serious accident. Many young adults think of this as a topic for later. This guide explains what such a document does and where its limits lie.
Short answer: A care proxy is a power of attorney that authorises a person to act for you in health and care matters. The form published by the Federal Ministry of Justice aims to avoid a court-ordered guardianship, and the proxy remains effective after you lose legal capacity. Parental custody ends at the 18th birthday, so the topic matters for adults. Last updated: November 2026.
The key points in brief
- A care proxy is usually part of a broader power of attorney that covers health and care.
- The proxy is meant to prevent a court from having to order a guardianship.
- It remains effective after you lose legal capacity, as long as the authorised person can present the original document.
- For medical and deprivation-of-liberty measures, the form refers to sections 1904 and 1906 of the German Civil Code (BGB).
- The form carries the version date 10/2016. Check before use whether a current version exists.
How does a power of attorney differ from legal guardianship?
Without a power of attorney, the guardianship court can order legal guardianship if someone can no longer handle their affairs. The guardian is then appointed by the court and is supervised by it. A power of attorney prevents this, because you have already authorised the person of your choice. The form states exactly this aim: the proxy should avoid a court-ordered guardianship.
What does a care proxy actually regulate?
In the form of the Federal Ministry of Justice you tick the areas for which the proxy applies. These include health care and care, residence and housing, official matters, asset management, post and telecommunications, and representation before courts. In the health area the authorised person may decide on examinations, medical treatment and outpatient or inpatient care. The person can also enforce a patient directive.
| Area | Content according to the form | When it matters in an emergency |
|---|---|---|
| Health care and care | Consent, refusal and withdrawal of consent for treatment, care at home or in a home | After an accident, when you cannot communicate |
| Residence and housing | Decisions on place of residence and accommodation | When a move into a care facility is due |
| Authorities, post and telecommunications | Contact with offices and receipt of post | When notices from the care insurance fund arrive |
| Asset management | Management of assets; for bank accounts the form points to a bank-specific power of attorney | When regular bills must be paid |
| Representation before courts | Representation in court proceedings | When a legal dispute has to be conducted |
The table summarises the areas of the form. You decide which areas to tick. The more precisely the proxy is drafted, the clearer it is in an emergency what the person may do.
What limits does the proxy have?
The proxy only takes effect while the authorised person holds the document and can present the original. It should therefore be stored in a place where the trusted person will find it in an emergency.
For banking matters the form advises using a bank-specific power of attorney for accounts and securities. Property transactions, commercial activities and consumer loans are subject to special formal requirements, which the form points out explicitly.
When is a care proxy sensible for young adults?
Parental custody ends at the 18th birthday. Without a proxy, parents may not simply decide for you, even if you cannot act yourself in an acute situation. Anyone who studies away from home, goes abroad or starts working early has good reason to settle the question early.
A proxy is a document that is needed in an emergency, not a precaution you complete once and forget. Anyone you choose should be asked beforehand and should confirm their willingness.
What are the advantages and drawbacks of a proxy?
| Aspect | Points in favour | Points against |
|---|---|---|
| Control | You decide who acts for you | The person must match your values |
| Guardianship | A court procedure can be avoided | The proxy is only as reliable as the person who exercises it |
| Effort | The form is manageable | Changes require adjusting and reissuing the document |
| Proof | The original document is often sufficient in daily life | Without the original the proxy is not reliable |
Frequently asked questions
Do I need a care proxy if I am healthy?
A proxy mainly helps in situations where you can no longer decide yourself, and good health does not protect against an accident. Whether and when you issue one is your decision. You can change or revoke a proxy later.
Is a care proxy the same as a patient directive?
No. The patient directive records which treatments you want or refuse. The proxy determines who makes these decisions for you and enforces them. The form expressly names the patient directive as something the authorised person can enforce.
What does the form say about a guardianship provision?
The form contains a section in which you can name a trusted person to be appointed as guardian if a legal guardianship becomes necessary despite the proxy. The form does not explain the difference between the two instruments in general terms. A counselling service can help with that question.
Does the proxy also apply after death?
The form offers as an optional rule that the proxy should also apply beyond death. Before ticking this option, check whether it suits you, because it significantly extends the rights of the trusted person.
Who can be authorised?
The form speaks of an authorised person, and you choose that person. Someone you trust, who has time and knows your wishes, is usually the best fit. The form also allows a sub-proxy.
How often should I review the proxy?
A proxy should be reviewed when your life changes, for example after a move, a change of trusted person or a new living situation. The law does not set a fixed review cycle. Check also whether the version of the form you use is still current.
What to do now
- Decide for which areas you want a trusted person to act: health, housing, authorities, assets or courts.
- Check whether a current version of the form exists, because the version you have is dated 10/2016, and compare its content with your wishes.
- Talk to the person you want to authorise, and store the original where that person knows to find it.
- Clarify open questions on bank powers and guardianship provisions with a counselling service before you sign.
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- Care reform 2027: what is settled and what is still in progress
- Applying for a care level: procedure, deadlines and assessment
- Care leave: time off work for relatives in need of care
- Care service or care allowance: what relatives should choose
Last updated: November 2026. This guide is general information, not individual advice.
