In the event of a serious illness, the living will serves to regulate further treatment and, if necessary, the discontinuation of treatment resulting in death.
With the new statutory regulation as of 01.09.2009, the question of the binding nature of a written Patient Decree has been clarified. A living will is effective if an adult records it in writing. The will of the patient expressed in the decree is binding, even if a dying process has not yet begun. The authorised representative or caregiver of the injunction must ensure that the injunction is enforced if the conditions for a particular treatment are met.
Only if the doctor and the caregiver do not agree on the patient’s will must the care court be consulted and approve a decision in accordance with § 1904 BGB.
It is strongly recommended that the patient obtains prior medical advice and information about the risks from a trusted doctor. The order should be checked every three years at the latest for its correctness. If necessary, it should be renewed or re-signed (place, date and full name). The reason for this is that years later, for example, there may be chances of a cure that did not exist when the decree was issued.
Of particular importance here are the precautionary powers and care orders to be established in parallel, because in doubtful cases it is the caregiver who expresses the will of the patient unable to make a decision.
We rightly talk about these topics in our Round Table meetings. The Round Table is an action of Herfurth & Partner and serves to clarify and secure wishes and decisions in the family in connection with assets, provision and succession.
The next dates can be found in the Round Table section (welcome homepage).
Further information on many topics can be found in the Publications section (welcome homepage).
Angelika Herfurth
Attorney at law and specialist lawyer for family law