Dementia is often noticed late. In the worst case, if you don’t take care of it in time, you will pay extra. Banks and lawyers advise you to take precaution.
In financial transactions, dementia is a great risk. If you want to take precautions, you can give a person of trust in good time a power of attorney.
(Archive photo: dpa)
DARMSTADT / SÜDHESSEN – When Heinz K. pulled his left shoe onto his right foot a year ago and wondered why it was pressing like that, the family laughed about it. But when he entered his telephone number instead of the IBAN on several transfer forms, the 82-year-old’s relatives suspected dementia. Heinz K. was physically fit. This is typical of the clinical picture and one reason why dementia is often only noticed late. People have internalized routines so that they can still do them for a while.
Only when the dropouts become more frequent does the issue of dementia come into play. The risk is particularly high in financial transactions. “As a Sparkasse, we generally advise you to take precautionary measures in case you have relatives or other people you trust”, says Peter Lehr, spokesman and head of private customers at Sparkasse Darmstadt. The advisors in the branches speak to customers about this early on.
This is how the Volksbank Darmstadt-Südhessen handles it. However, the topic of dementia and financial transactions is a difficult one that many older people and their relatives are reluctant to deal with, says CEO Michael Mahr. In order to raise awareness among its customers, the Volksbank has occasionally organized information events. Ideally, people should be preoccupied with the topic as long as they are okay – even younger people, advises Mahr.
“If you want to cover all areas of life, it is best to draw up a so-called health care proxy and an advance directive,” says lawyer Alexander Pfeiffer from the Pfeiffer Link & Partner law firm in Darmstadt. The power of attorney covers financial and personal matters. The latter also included decisions in the event of illness (regardless of an advance directive). You can get forms from the local supervisory authority or simply over the Internet. Pfeiffer recommends having the power of attorney certified.
A recorded power of attorney at the notary is even better. “It serves the same purpose, but has the advantage that the notary can reproduce a copy at any time.” If you fill out a form yourself and keep it with you, there is still a risk: “If the form is lost and the person is no longer legally competent, it remains just going to the supervisory court. ”The bank must also accept a power of attorney – even if some institutes have their own forms ready.
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In principle, someone is allowed to regulate his financial transactions himself as long as he is fully competent. Since the disease begins insidiously, this can still be the case even after a diagnosis – it is difficult to draw a line. According to the German Civil Code (§104), the person who is “not only temporarily affected by a pathological disorder of the mental faculty that excludes free will formation” is incapable of doing business. A specialist, such as a psychiatrist or neurologist, must determine the incapacity. According to the BGB (§105), all declarations of intent are void, with the exception of petty transactions such as shopping at the bakery.
If there is a power of attorney, there is no need for further action from a legal point of view. If not, the responsible supervisory authority intervenes and prepares the appointment of a legal guardian by the supervisory court. The court can also define the type of business or set a maximum limit for amounts of money.
This practice does not always do justice to the condition of people, because despite interruptions there can be light moments or phases, which is why experts recommend a sure instinct. This is also necessary in the bank branches. “As a rule, we have known our customers for many years,” says Lehr from Sparkasse Darmstadt. If the employees noticed things that differed from the usual, they sought to talk to the relatives. It is difficult if the person has no relatives. In principle, anyone can contact the care authority and give a hint if, for example, a single neighbor shows problematic behavior that suggests dementia, says lawyer Pfeiffer.
The savings bank only had to exercise this right once in ten years, according to Lehr. More often, however, one has to do with the police, because people with dementia are welcome victims for fraudsters. They are in contact with the police headquarters in South Hesse and give the officers advice, observing banking secrecy, for example if large amounts of cash are withdrawn that could be related to the “grandchildren’s trick”.
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