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German Law/Power of Attorney Dissolution


Does the Power of Attorney cease upon the death of the person you have the POA on - in Germany- as it does in the USA?

168 BGB [the German Civil Code]: When the POA ceases is based on the underlying contractual relationship.

672 BGB: The death of the person who granted the POA does not automatically lead to the POA ceasing, unless the POA states so.

673 BGB: The death of the person who was authorized leads to the POA ceasing.

In most cases, it depends on the text in the POA (which can override the Civil Code) and the circumstances of the case.

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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