If you are incapacitated and there is no living will or notarial power of attorney, the subdistrict court will appoint someone who will look after your financial and/or medical interests. You have no influence on who that will be. If your spouse is legally competent, the subdistrict court will still appoint an administrator. It can be your spouse, but it doesn't have to be.

The subdistrict court has three options in the field of advocacy: administration, guardianship or mentorship.

If you are no longer able to arrange your finances, the subdistrict court will appoint an administrator. You will no longer be allowed to decide for yourself what to do with your assets. These decisions are made by your administrator. He does this with you as much as possible.

The administrator cannot do what he wants. He needs your permission to sell or donate goods and for expenses above 1,500 euros. If you are no longer able to give that permission yourself and even if your partner is your administrator, an authorization from the subdistrict court is required.

The administrator must be financially accountable to the court on an annual basis.

Guardianship is a more severe tool than administration, because a trustee looks after and protects your financial and other personal interests. If you have been placed under guardianship, you are not allowed to perform legal acts without the permission of the trustee. You are then legally incapacitated.

If you are no longer able to represent your personal interests at all, such as people with dementia, the mentally disabled, psychiatric patients or people who are in a coma and there is no legal representative, a mentor will be appointed. This mainly concerns decisions about care, nursing, treatment or guidance. If possible, the mentor will decide in consultation with you as much as possible.