Authorized representative

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The duly authorized controller is a German legal concept from the guardianship law , which is not explicitly regulated by law.

The § 1896 para. 1 BGB sees a supervisor order to assert rights of the data subject to the will of his authorized representative expressly.

Differentiation from the control supervisor

It is between officially bestelltem and the guardianship court supervised control supervisor (of the court a report on the care during the on carers owes) and ordered on a voluntary disposal Control Agent in connection with an advance directive in line to a power of attorney and the absolute incapacity to distinguish. However, it is permissible, even in the health care proxy next to an official supervisor of doubts regarding its loyalty (hence the name) to order a the supervisor controlling control supervisor, who has the task of the correct interpretation to monitor and comply with the living will.

Prerequisite is, however, that the importance of the matters to be discussed or the behavior of the proxy giving cause for this or a conflict of interests is to be feared, and even on a voluntary basis by the person concerned in advance of a living will has been no arrangement made as a precaution.

The judicial officer at the supervisory court must appoint a supervisory supervisor ex officio if there is no authorized supervisory authority , who makes the decisions in accordance with the supervisory court.

Individual evidence

  1. What is a control supervisor? ( Memento of the original from December 6, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.deutsche-nachlass.de