[Advance directive and enduring power of attorney--legal implications from a notary's perspective]

With an enduring power of attorney you can appoint someone to make decisions on your behalf if you are no longer able to do so yourself, and you may give this proxy as narrow or as broad powers as you wish. If you want to avoid the appointment of a legal representative (guardian), this power of attorney should reasonably cover all pertinent proprietary and personal affairs. A person who has issued a comprehensive power of attorney does not need a legal guardian. Only in the absence of an enduring power of attorney does the court appoint a legal guardian. A representation agreement allows you to appoint someone you trust as your legal representative in the event of your incapacity. An advance directive (living will) specifies the medical procedures and the health situations in which the principal wants or refuses the respective treatment. The advance directive is made effective if the principal is no more able to make or communicate his/her decisions.