When making decisions about our health, most of us want to do what is best for us and our loved ones. For many people, this means having a living will and a health care proxy. Find out now what you should look out for!
What is a living will?
In the event of a medical emergency, it is advisable to clarify the most important questions in advance. After all, if someone is no longer able to make decisions due to a physical or mental impairment, responsibility is transferred to family members or friends - and they may feel overwhelmed in this situation.
In Germany, medical and nursing measures may only be carried out if the patient - or their legal representative - consents. The only exception is an acute emergency. With a living will, you give your consent in advance as to which therapies may be carried out. This can relieve your relatives enormously at an already difficult time.
It is important to have these conversations while everyone involved is still healthy and able to make sensible decisions. That way, there are no surprises and everyone knows what to expect. If you have any questions, please do not hesitate to ask your doctor or another healthcare professional.
Explicit instructions in the living will
A living will is an important document that allows you to specify your wishes regarding medical treatment in the event that you become incapacitated and can no longer communicate your decisions yourself. It is therefore important that you specify as precisely as possible what you want and what you do not want. General statements such as "I want to live a life worth living" or "I don't want to be connected to tubes" are not sufficient in an emergency - and are also not helpful for a living will.
You should therefore make sure that you specify exactly what should happen in which case. For example, if you have suffered a stroke you must state whether you want to be artificially ventilated or fed. The following guide explains what you need to bear in mind when writing a living will and power of attorney.
What exactly must be included in a living will?
The most important formalities for a living will include your full name, your current address and your place and date of birth. In addition, you should precisely describe the situation in which the living will is to take effect, for example in a coma or in the final stages of a terminal illness.
Then it is a question of whether resuscitation measures or life-sustaining measures should be initiated or which pain-relieving procedures should be used. You should also specify whether you want to be artificially fed or whether you just want your thirst to be quenched.
Drawing up a living will is a difficult decision, but an important one. By setting out your wishes in advance, you can ensure that your loved ones are able to make the decisions you want in the event that you are no longer able to make them yourself. This can include everything from medical interventions to religious support. While it may be difficult to think about these things, it's important to have a plan in place in case of an emergency.
The Bavarian Ministry of Justice provides a free brochure with forms for a health care proxy and a living will. This can be a helpful resource for the first steps. Even if it is not easy to talk about it, such a discussion with your relatives can give you the certainty that your wishes will be respected. Therefore, seek an open dialog with your loved ones in good time.
Do I need a living will despite having a power of attorney?
A health care proxy is a legal document that you can use to authorize another person to make decisions about your medical care if you are no longer able to do so yourself. A living will is a document that sets out your wishes for medical treatment in the event that you are no longer able to express them yourself. Both documents are important tools to ensure that your family knows what you want in the event of a medical emergency. You will therefore need both documents in the event of an emergency. In formal legal terms, they deal with similar but not identical content.
Is a living will binding?
A living will is binding. For doctors, relatives and caregivers. However, there may be situations in which, for example, an emergency doctor is unaware of a living will and initiates life-saving measures. For this reason, it is important to carry a note in your wallet or purse stating that you have written a valid living will. This way, your wishes will be respected if something happens and you are no longer able to speak for yourself.
