The home care support specialist then looks for us in our real estate office to be able to sell the property of the person they are providing care support for. But how? It is insufficient to have a printed form of power of attorney from the Internet or the same for one that has been filled out at a hospital. The lack of clarification usually leads to time-consuming trips to the government officials and therefore a longer waiting time for a possible sale.
How should one proceed? A private home care support person should have a general power of attorney that has been signed by a notary, containing the paragraph “Sale of Real Estate”. You can also be authorised by a court, with a certificate of appointment and supervisor ID, be given the power for the sale of real estate. Also, professional health care workers must have the deed of appointment expressly stating the paragraph “Sale of Real Estate /Property”. We also advise anyone who owns their own home, plot of land or condominium to be sure to protect themselves in advance for any emergency so that they can decide for themselves who they would want to entrust with this task. A general power of attorney cannot be issued retrospectively when you are no longer able to act for yourself. If there is no power of attorney it must then go to a court to have a supervisor appointed. This is time-consuming with various official visits in advance, costing valuable time. The supervising court must examine the case and give consent for every sale by a private or judicial guardian. An appraisal of the property is absolutely necessary for this. A private sale is not advisable in the case of a care supported person, as many errors may occur and the supervising court may not approve the sale. The registered care support person acts then like the official owner and must be present at the notarial certification of the purchase process. The money generated goes to the benefit of the person who is being cared for, to be used for all necessary care or other costs.
You should take careful consideration in advance who your care support person should be, so as to avoid conflict of interest later.
If you would like further information about any of these topics, please contact us. We are very happy to advise you.
VENT-Immobilien Bad Saarow
Fürstenwalder Chaussee 3b
D-15526 Bad Saarow