A power of attorney for couples sets out who manages the bank account, speaks with doctors and opens official post if you can no longer do so yourself. Many young couples assume that a partner can handle everything automatically. German law does not work that way, and the gap usually only becomes visible when something urgent happens.
Short answer: Under section 1358 of the German Civil Code (BGB), spouses may represent each other in health matters if the other person cannot decide for themselves because of unconsciousness or illness. This representation is limited in time, does not cover assets and does not apply to unmarried couples. A written power of attorney closes this gap. Last updated: November 2026.
The key points at a glance
- The statutory representation in illness applies only between spouses.
- Unmarried partners have no statutory right to speak with doctors or decide on treatment in an emergency.
- The emergency representation covers health matters, not bank accounts, rent or contracts.
- It ends, among other things, when a legal guardian has been appointed or more than six months have passed since the doctor established the relevant point in time.
- A personal power of attorney that you give your partner closes the remaining gaps, provided banks, doctors and authorities accept it.
Does an automatic representation apply to unmarried couples?
No. The rule in section 1358 BGB explicitly refers to spouses. Living together, sharing a flat or being in a long-term relationship does not create a statutory right of representation. In practice, doctors usually share information only with persons who are entitled to receive it, and without a written document that entitlement is typically missing, even after years together.
This does not mean that your partner is powerless in an emergency. They can only act if you have set this out in writing in advance. That is exactly what a power of attorney is for.
What a spouse may do in an emergency under section 1358 BGB
The provision gives the representing spouse four powers. They relate exclusively to the health of the other spouse.
- Consent to or refuse examinations, medical treatment and surgical procedures, and receive the medical information.
- Conclude and enforce treatment, hospital and nursing care contracts.
- Assert claims relating to the illness against third parties and demand payment to care providers.
- Inspect medical records, because treating doctors are released from confidentiality for this purpose.
The list is broad, but its scope is narrow. The emergency representation helps with medical appointments, hospital stays and treatment decisions. Everything beyond health requires a separate power of attorney.
When the statutory representation ends
The emergency representation depends on several conditions. The table summarises the requirements and exclusion grounds that section 1358 BGB sets out.
| Situation | Effect on the representation |
|---|---|
| The spouses live apart | The right of representation ends |
| The represented person objects, or has granted a power of attorney that covers health matters | The right of representation ends |
| A legal guardian with a suitable scope of duties has been appointed | The right of representation ends |
| More than six months have passed since the point in time established by the doctor | The right of representation ends |
| The doctor confirms in writing the requirements and the latest possible point of onset | Condition for the representation |
The representing spouse must also confirm in writing that the right has not been exercised before and that no exclusion ground applies. This confirmation is handed to the representing spouse for further use. It is worth keeping these documents ready for medical appointments.
Why a power of attorney is still worth having
The statutory emergency representation is a stopgap. It is enough for medical appointments and treatment decisions, but not for a bank account, a tenancy agreement, insurance policies or official letters. For these you need a separate power of attorney. It can already determine who receives which powers, and it can be limited to specific areas.
Typical components are a banking power of attorney, as far as the bank accepts it, authority towards insurers and landlords, and a health care proxy. How this interacts with a later marriage and with your assets is explained in the German article Ehevertrag vor der Heirat: Wann er sich lohnt.
When a power of attorney fits and when it does not
A power of attorney is an instrument of trust. It fits well if you have someone whom you trust with decisions and if your circumstances are manageable. It fits less well if you own property, shares in companies or significant debts together. In that case, coordinate with an advisor who knows all of your contracts.
You can revoke a power of attorney at any time as long as you are able to make decisions yourself. It is therefore not a final step, but a document you should review with every major change. If you want personal advice on insurance and provision, you can book a consultation with Academycon, as described on the company page.
Keep access data out of the document itself. Passwords and account numbers belong in a secure place that the authorised person knows. A short list of contacts, insurers and ongoing contracts, drawn up together, is also useful. In an emergency, nobody then has to guess which contract partner is responsible, and the power of attorney stays limited to what is necessary.
Frequently asked questions
Can my partner manage my bank account without a power of attorney?
No. Without a power of attorney they have no authority over your account. A joint account with its own agreement is a different matter. The bank decides which documents it requires under its own rules, and you should clarify this in advance.
How long does the statutory emergency representation last at most?
The representation ends when more than six months have passed since the point in time established by the doctor. The period is therefore linked to the medical finding, not to the date of an accident. Once that point is six months old, the representation ends, even if the illness continues.
Does a power of attorney need to be notarised?
Whether notarisation is required depends on the purpose. Some bodies require it, others accept a simple signature. Ask the bank, doctor or authority in advance what they require, rather than guessing.
Is a power of attorney from the internet enough?
Whether a power of attorney is accepted depends on the recipient. Banks, doctors and authorities have their own forms or requirements. Ask for the template in advance and keep the original where your partner can reach it quickly in an emergency.
Does the emergency representation apply after a marriage?
The rule applies to spouses. Upon marriage, the statutory right of representation in health matters therefore arises, provided the conditions of the provision are met. A power of attorney remains useful, because it covers financial matters and banking that the emergency representation does not reach.
What happens after a separation?
The statutory representation under section 1358 BGB then ends. A personal power of attorney remains in force until you revoke or change it. After a separation, check whom you have authorised and update the document.
Do you need to bring a partner into the process? Discuss your wishes early, because a power of attorney works best when both sides know the content.
What to do now
- Decide which areas you want to regulate: health, bank account, contracts or authorities.
- Ask banks and insurers for the forms they accept.
- Draft the power of attorney in writing, sign it and store it so that your partner can find it.
- Talk with your partner about treatment wishes and check whether a patient decree makes sense.
- Review the power of attorney after every major change, such as moving, marriage or separation.
Related guides
- Family, partnership and money: the overview for young adults
- Separation of property or community of accrued gains: what counts at marriage
- Prenuptial agreement: when it makes sense
- Registering your address when moving in together
- Partnership and BAföG: is your partner income counted?
Last updated: November 2026. This guide is general information, not individual advice.
