Living will and healthcare power of attorney

In short: With a living will (advance directive) you state which medical treatment you do or do not want if you cannot consent. With a power of attorney you decide who may make decisions on your affairs when you can no longer do so.

In more detail: Spouses and children too are not automatically entitled to represent you (except a time-limited emergency right of representation for health matters between spouses). Without provision, the guardianship court appoints a guardian.

In Depth

• Living will: In writing, signed. It must be concrete: situations (“irreversibly unconscious”, “advanced dementia”) and measures (resuscitation, artificial nutrition, ventilation, pain relief). General sentences (“die with dignity”) do not suffice. The directive is binding on doctors and guardians if it applies to the current situation.
• Power of attorney: A trusted person is authorised to act for health, residence, authorities, assets and more. For some transactions (property) notarial certification or recording is sensible or necessary.
• Guardianship directive: Whoever does not grant a power can at least state who is to be considered as court-appointed guardian.
• Suitable person: Someone you trust and who is reachable. Name a substitute. Discuss the content with the person.
• Storage: Central Register of Powers of Attorney of the Federal Chamber of Notaries (for a fee), a wallet card, original with the trusted person, copy with the family doctor.
• Currency: Review every few years and sign again if situation or wishes change. Revocation is possible at any time.
• Help: Forms are available from the Federal Ministry of Justice, advice from guardianship authorities, hospice associations, doctors and notaries.

See also: will and succession

General information on the legal situation in Germany, not legal or tax advice. Rules and amounts change; in an individual case ask advice centres, a notary, a tax adviser or the authorities.