Legal Representation of Spouses in Healthcare Emergencies

Until recently, German law neither authorized spouses to make surrogate decisions about medical treatments on behalf of incompetent or incapacitated individuals, nor to represent them in legal procedures if they have not been legally determined as caregiver or authorized to make decisions on behalf of their spouse prior to their incompetent state. This will now be changed: On the 21st of May 2021, the Federal Council of Germany adopted the "Legal Reform of the Custodianship and Caregiver Law", which will become effective on the 1st of January 2023. From that date, the German Civil Code will permit mutual legal representation of spouses regarding health concerns in which one person is incompetent or incapacitated and thus unable to make a decision or act autonomously. Paragraph 1358 GCC is officially titled "Mutual Representation of Spouses Regarding Healthcare Concerns", but is also being referred to by "Law of Emergency Representation for Married Couples and Spouses in Civil Unions" or "Legal Representation of Spouses in Healthcare Emergencies" in public discourse.

Legal Reform of the Custodianship and Caregiver Law in the Federal Law Gazette 2021 Part I No. 21. Online Version (German)

Bundesministerium der Justiz: Gesetz zur Reform des Vormundschafts- und Betreuungsrechts. (German Ministery of Justice: Legal Reform of the Custodianship and Caregiver Law.) Online Version (German)

For other comparable information regarding the national laws in the European Union, cf:

Kestler-Haeusler Forschungsinstitut für Internationales Betreuungsrecht. (Kestler-Haeusler Institute for Internaional Custodianship Law). Online Version (German)

The Vulnerable in Europe. Online Version

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