Living will

"What is a living will?"

The living will represents a precautionary statement by which you can express your wishes for medical treatment in the event of a state of inability to make a decision, e.g. due to loss of consciousness.


"Your provision for accident, illness and old age."

As long as you as a patient are able to give your consent, you can decide on all medical measures that affect you, even after consultation and advice from the doctor. This also applies if you have been assigned a health care function. However, if you are no longer able to make decisions, especially if you can no longer express your will, an authorized representative or supervisor must decide for you. If neither a proxy nor a supervisor has been appointed for you, the doctor must act according to your "presumed will" for urgent measures. Your "presumed will" is decisive for any medical treatment that you can no longer comment on unless you have drawn up a living will. If necessary, your authorized representative or supervisor must determine how you would decide if you could still express your will.


"The basics of creation"

Determining your "presumed will" can be very difficult if you have never expressed your ideas for medical treatment, especially in the last phase of life, in writing or even verbally, eg to relatives. It is therefore important to determine this in advance in a living will.

The living will should not only contain general formulations, such as the wish to "die in dignity" when a tolerable life no longer appears possible. Rather, it should be specified in which conditions treatment cannot be started or continued. It is advisable to hold a medical consultation.

With effect from September 1, 2009, the legislature has passed regulations on living wills, which in particular require that living wills be drawn up in writing. Written advance directives drawn up before this date remain effective.


"Our tip."

Get advice from your doctor or a specialized organization before writing a living will.
Talk to us - we would be happy to recommend a competent lawyer.

You can also get advance information from the Federal Ministry of Justice:
www.bmj.bund.de/ratgeber



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