If a person can no longer care for themselves as a result of an accident or serious illness and becomes incapable of judgement, they are dependent on outside help. With an advance care directive, they can decide in advance who should represent them in the event of their own incapacity to make judgements. They can appoint someone to represent them in their personal and property care, while another person takes over legal matters.
Personal care includes the protection of the physical and mental well-being of the person concerned. The area of property care, on the other hand, concerns responsibility for assets. This includes covering living expenses and paying bills. Legal affairs, on the other hand, describes representation vis-à-vis authorities and offices. The advance care directive must be confirmed by the KESB as the person becomes incapable of judgement in order to be legally binding.
If the KESB or the deputy behaves unlawfully and someone is harmed as a result, the person concerned is entitled to compensation. However, it is not the member of the authority or the counsellor who is liable, but the state. The claim for compensation is subject to a time limit: It expires three years after the day on which the person concerned becomes aware of the damage or ten years after the damaging act (Art. 60 ZGB).