Oberhausen.
What many took for granted is only possible from January 1st: married couples can then decide for each other in an emergency. But there are pitfalls.
On January 1, 2023, the new spouse emergency representation will take effect. Spouses can then make medical decisions for each other. “Many people will feel safe with it,” says Ingo Aulbach, owner of the mediation center in Oberhausen and the ergo subdirectory in Aulbach. “However, the new regulation is a drop in the ocean, has gaps and mitigates.” Aulbach explains the pitfalls of the new legal paragraph during an information evening on Friday, January 27, at 5 p.m. in the event center Elly-Heuss-Knapp- Quarter, Elly-Heuss-Knapp-Strasse 3 in Sterkrade.
On January 1, 2023, a comprehensive reform of the now 30-year-old child care law will come into force. Part of this new regulation is the introduction of a mutual right of representation for spouses in an emergency situation in the area of health care. However, this regulation only applies with restrictions and for a limited period of time.
According to Aulbach, there is a risk that many people will rely on it and neglect their emergency preparedness. Everyone should therefore make supplementary arrangements at an early stage. Powers of attorney and living wills can help with this. During his presentation, the expert will explain what the difference is between a power of attorney and a guardianship directive and what else needs to be taken into account.
Supervision Act has replaced incapacitation
The original care law came into force on January 1, 1992. At that time, care took the place of incapacitation, guardianship and infirmity. The essence of care consists in the fact that a person in need of help receives support from a caretaker who takes care of their affairs within a range of tasks that is precisely defined by the court.
The wishes of those affected always have priority if they are not contrary to their well-being. Adults who are unable to take care of their affairs in whole or in part due to a mental illness or a physical, mental or psychological disability are affected by care. Many of those affected are elderly people.
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