Living will

In a living will, you specify which medical treatments and life-sustaining measures you wish to receive or do not wish to receive should you become unresponsive. These include, for example, artificial ventilation and feeding, pain-relieving therapies and resuscitation attempts.

A lasting power of attorney offers comprehensive options for having third parties make decisions on your behalf should you no longer be able to do so yourself. You can draw up lasting powers of attorney for areas including asset management, healthcare, care needs and matters relating to residence and housing. Unlike a guardianship order, the authorised representative is not subject to court supervision.

A living will is addressed directly to medical staff. Unlike a lasting power of attorney and a healthcare proxy, a living will relates solely to medical care. In a living will, you specify in advance which treatments and therapies are desired or unwanted should you become unresponsive. These include, for example, artificial ventilation and feeding, pain relief measures and resuscitation attempts. With a living will, you do not therefore authorise any person to act on your behalf. This requires an additional lasting power of attorney or healthcare proxy.

A healthcare proxy is always advisable if you are unable or unwilling to grant a lasting power of attorney to anyone. In a healthcare proxy, you can suggest potential carers and set out your instructions and wishes for the event that care is required. In contrast to a lasting power of attorney, the carer must first be appointed by the guardianship court. Unlike with a lasting power of attorney, the carer’s actions are then supervised by the court.

Yes, the written form accurately reflects your own wishes.

The living will addresses the medical situation and state of health and describes, as specifically as possible, the measures you wish to receive or expressly do not wish to receive. It documents your personal wishes, attitudes and values regarding life and death.

Ideally, you should combine the living will with the lasting power of attorney. Then the authorised person will be aware of your treatment and therapy preferences and can make decisions that best reflect your wishes.

In addition to your surname, first name, date of birth, place of birth and address, a living will describes your medical situation and the resulting measures as specifically as possible.

Yes. On the website of the Federal Ministry of Justice, you will find text modules, and on the website of the Consumer Association, you can create a living will yourself online.

Every life is unique. A living will drafted specifically for you therefore best addresses your personal circumstances, wishes and needs. Sample forms provide guidance in terms of content and structure. There is also helpful literature that provides a good introduction to the topic, such as the book published by C.H. Beck: Vorsorge für Unfall, Krankheit und Alter (price: 5.50 euros).

Where possible, the living will should be kept in an easily accessible place or close to the patient. In an emergency, a trusted person will present it to the attending doctor.

A living will is binding on doctors if the physical or mental condition described in it corresponds to the patient’s current state of health. If the current condition does not correspond to the provisions of the living will, the carer or authorised representative determines the presumed wishes and makes a decision together with the doctor.

If there is no written living will, the carer or authorised representative makes the decision. To do this, the presumed wishes are determined on the basis of previous statements and conversations with trusted individuals.

Carers and trusted individuals must be able to find the living will easily. It can, for example, be kept in a wallet, on a desk or by the bed. You can also give a copy to relatives and your GP practice.

As long as you are in good enough health to express your wishes, you can revoke your living will at any time without any formalities.

Yes, that is possible. In a living will, you can, for example, specify that in the event of a coma, you do not wish to be kept on artificial nutrition for longer than one year.

Living wills can be deposited, for example, at a notary’s office, at a court or with the Humanist Association of Germany. They can also be registered in the Central Register of Advance Directives at the Federal Chamber of Notaries. This costs a one-off fee of 13 euros. If you do not use direct debit, it costs 15.50 euros.

If you do not have a person to whom you wish to grant a lasting power of attorney, you can draw up a healthcare proxy. In the latter, you can suggest potential carers and set out your instructions and wishes for the event that care is required. Unlike with a lasting power of attorney, the carer can only act once they have been appointed by the guardianship court. In contrast to a lasting power of attorney, the carer is supervised by the court.

Yes. However, you must state this clearly in your living will. If you have declared your willingness to donate organs whilst at the same time refusing life-prolonging measures, this may lead to conflict. Organs may only be removed after brain death. However, to ensure the organs can be transplanted, vital functions must be maintained until the time of removal. A clear provision in the living will provides medical staff with explicit instructions on how to proceed. You can also expressly refuse organ donation via a living will.