Advance Directive

It is very helpful for the care situation and provides additional security in case of an emergency if the person receiving care has a living will. In a living will, anyone can specify which medical treatments they wish to receive or refuse. This ensures that, in the event of a serious illness or following an accident, a person’s individual wishes are respected, even if they are no longer able to express them. Advance directives are legally binding even without notarization; therefore, doctors must carry them out when the relevant medical or life situation arises.

It’s certainly not easy to bring up this topic with a family member who doesn’t yet have a living will. However, a living will essentially ensures, in advance, a self-determined life for a time when the right to self-determination can no longer be actively exercised. On the other hand, it may, under certain circumstances, spare you and other family members legal difficulties—but above all, serious ethical conflicts.

Power of Attorney for Health Care

It generally makes sense to combine a living will with a power of attorney for health care. In a power of attorney for healthcare , your family member authorizes a person they trust to make binding decisions on their behalf if they are no longer able to do so themselves. As a representative, it can sometimes be very difficult for you to have a clear idea of how your family member would decide in a given situation if they were still able to do so themselves. It is therefore advisable to discuss various situations during conversations. If necessary, your family member can also include matters that are important to him or her in the power of attorney as legally binding instructions. The scope of authority is specified individually in each power of attorney for health care.

If there is no power of attorney for health care and your family member is no longer able to make decisions on their own, the local court will appoint a legal guardian. This could be someone from the family, but it could also be a stranger. You don’t have to go to a notary to draw up a power of attorney for healthcare either. However, the power of attorney for health care should be notarized or certified if significant assets, real estate, or business interests are involved . You should also review the power of attorney from time to time to ensure it remains up to date and have it confirmed by your family member(s) with their signatures and the current date.

Advance Directives

In the case of a power of attorney for health care, on the other hand, your family member simply names a preferred legal guardian. This person will first undergo a judicial review to determine their suitability before being authorized to make decisions on behalf of your family member. Furthermore, unlike the*guardian for financial affairs*, she is “supervised” by the court and must render an account. The guardian may only represent your family member in legal matters that the family member is no longer able to handle on their own. The advance care directive should be set forth in writing, but is not subject to any formal requirements. It can be linked to a power of attorney for health care if the individual wishes to specify, in addition to the power of attorney for health care, that the authorized person should also be appointed as a guardian if necessary.

The specialists at awo lifebalance are happy to advise and assist you and your family member in drafting a living will, a power of attorney for healthcare, and a guardianship directive. To do so, please contact the hotline.