Living will and health care power of attorney: decide for yourself

What happens if an accident or illness leaves you unable to decide for yourself anymore? With a living will and a health care power of attorney you determine that in advance yourself, sparing your relatives difficult situations and a court-ordered guardianship.

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Your chances of getting your money back

In a living will you set out which medical measures you want or reject in certain situations (§ 1827 BGB). With a health care power of attorney you determine who may represent you in health, financial and other matters.

Without a health care power of attorney, your spouse does not automatically decide on everything; a court-ordered guardianship may then become necessary. The living will should be as specific as possible so that it takes effect in an emergency.

What you should do now

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1. Set out your wishes
Consider which treatments you want in which situations; the more specific, the better.
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2. Name a trusted person
Set out in the power of attorney who may represent you (health, assets, place of residence).
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3. Observe the form
Living will in writing; for certain transactions (for example real estate) a notarized power of attorney may be needed.
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4. Make it findable
Keep the documents accessible and consider registering them in the Central Register of Precautionary Documents.

Frequently asked questions

What is the difference between a living will and a health care power of attorney?

The living will sets out in substance which medical measures you want or reject (§ 1827 BGB). The health care power of attorney determines who may act and decide for you when you can no longer do so yourself. The two complement each other; ideally you have both.

Does my spouse not decide for me automatically?

Not to the full extent. There is a limited emergency representation right for spouses in acute health matters, but it is narrow and time-limited. For comprehensive representation you need a health care power of attorney, otherwise the court can order a legal guardianship.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.