Living will

If you have not granted a power of attorney to anyone, the guardianship court will appoint a guardian for you if necessary. Like authorized representatives, caregivers are obliged to check whether the provisions of the living will apply to the current life and treatment situation and, if this is the case, to give them expression and validity.

It therefore makes a lot of sense to combine a living will with a power of attorney for healthcare matters or at least with a care directive with a care proposal.

With a living will in particular, it is important that as many people as possible know that you have laid down your wishes so that the declaration can be found as quickly as possible. Here too, it is advisable to carry the information card on which you have noted that you have a living will with you.

Advice and support on living wills is available from local care authorities, care associations, lawyers and notaries. You can also contact the nearest local court with general questions about care.

You can register a living will in the Central Advance Care Directive Register of the Federal Chamber of Notaries. The Central Register of Lasting Powers of Attorney enables you to find advance care directives, including living wills, quickly and reliably.

• Register of precautionary measures

According to the express provisions of the law, the living will must be in writing. Although verbal declarations are not without effect, they can only be taken into account when it comes to the question of what the presumed will of the patient incapable of giving consent is. So if you want to protect your right to self-determination as a future patient and draw up a genuine living will, a written declaration is absolutely essential. Notarization is not required.

There are generally no fees.

The Federal Chamber of Notaries charges fees for registration in the Central Register of Lasting Powers of Attorney.

• Further information can be found here.

There are no special deadlines to be observed.

The Third Act Amending the Care Act, which came into force on September 1, 2009, enshrined the living will in law. This has created more legal certainty for all parties involved. The law itself defines what a living will is and standardizes its binding effect.

• § Section 1827 of the German Civil Code (BGB)

Apart from the written form, there are no special formal requirements.

• Sample living will

If you have drawn up a living will, you should review it from time to time and make this clear. You are not legally obliged to do this. However, this will prevent doubts arising - possibly years later - as to whether this is still your current wishes. This is particularly important if you become seriously ill after making a living will. You should then review your advance directive to see whether your illness might lead to a change in assessment. If possible, make your instructions more specific and make a note in any case that you have reconsidered your advance directive due to the new situation that has arisen.

You can find further information in the brochure

• Who can help me if...

Living wills already play a major role in notarial practice today. Our notaries are therefore very knowledgeable in this area. Notarial assistance can be particularly useful if you are considering combining a living will with a health care proxy.

05.12.2022