Patient Decree

A living will is to be distinguished from a precautionary or general power of attorney. In the legal sense, these two regulations have little to do with each other. Nevertheless, powers of attorney are often drafted together with living wills.

A living will is a precautionary decision in the event that you are not able to consent to or refuse medical treatment or nursing care at the time when it is due. A living will is binding for all parties involved (e.g. caregivers, authorized representatives, doctors, nursing staff, courts), as long as this will clearly expresses your will for a specific treatment situation. We would like to point out that this clear recognizability may be lacking under certain circumstances if the decree is already very old and was made in a life situation that no longer corresponds to the current situation. Even if, for example, only clichéd formulations were chosen, the will may not be clearly recognizable.

It is advisable to renew or confirm a living will at certain intervals (e.g. annually). In your own interest, you can regularly check whether the provisions once made should still apply or whether they should be concretized or amended.

A living will should be kept in such a way that your doctors and authorized representatives in particular can quickly and easily obtain information about the existence and location of a living will. For this purpose, it may be useful to carry a note with you indicating where the Patient Decree is kept. When you are admitted to a hospital or nursing home, you should refer to your Patient Decree.