Healthcare proxy and living will
Everyone wants to dispose of what they have created and earned according to their own ideas. This also includes the regulation of the estate through a will or inheritance contract. But what about your own life? If you are no longer able to do so yourself, who decides how and where you will receive medical treatment or care after an accident, illness or in old age? Who manages your assets, handles your banking transactions and makes decisions for you as you would yourself? You can keep control of your life even in such cases - if you make your own "penultimate" will clear in good time.
Health care proxy
Anyone who is no longer able to manage all or part of their own affairs is assigned a court-appointed guardian by law. With a health care proxy, you can prevent such care by authorizing a person you trust to act in your place and without the involvement of the court - in accordance with your wishes in almost all areas of property law and personal matters.
You alone determine which powers your power of attorney covers. For example, representation can be limited to property law matters or to joint exercise with another person. In particular, the following matters can be regulated:
- Conclude contracts,
- Manage assets,
- Carry out banking transactions,
- Receive and open mail,
- demand comprehensive information from doctors in the event of illness,
- determine whether and which examinations and medical treatments are carried out,
- decide on the discontinuation of life-prolonging measures,
- decide on organ donation.
The authorized representative can only act effectively on your behalf when he or she receives a copy of the power of attorney in your name. You alone determine the right time for this.
To ensure that the power of attorney is recognized without restriction, it should be drawn up in notarial form. The power of attorney can only be used vis-à-vis the land registry in a publicly notarized form. The notarized power of attorney is also forgery-proof and is also accepted by banks, as the identity and legal capacity of the principal are established by the notary. For consumer loans, notarization is mandatory in certain cases. Individual advice and legally precise formulations are also included with the notary.
Care directive
Without a legally effective power of attorney, the law stipulates that, if necessary, a guardian must be appointed by the court, which generally selects the guardian itself. If you do not want to rely on this, but would rather rely on someone you trust, you can propose your guardian with a so-called care directive. If there are no important reasons against this person, the court will follow your suggestion. In this directive, you can also define your wishes as to how your care should be carried out. Your guardian must always comply with these - unless the instructions are against your best interests.
In any case, this guardian is controlled by the court - in contrast to the power of attorney.
Living will
Your right to a self-determined life also includes situations in which you are no longer able to make decisions yourself, for example due to an accident. A living will is available for such cases. In it, you specify in writing whether and how you would like to be treated by a doctor in certain situations. In this way, you preserve your right to self-determination and can decide which life-sustaining or life-prolonging measures are taken for you, as doctors are always bound by your wishes.
The following applies in particular to living wills:
- It comes into force when you are no longer able to express your will yourself.
- In contrast to the health care proxy, it only contains instructions to doctors providing treatment.
- In the event of differences of opinion between doctors and the health care proxy or guardian, the court decides in accordance with the patient's wishes.
A combination that makes sense
If you are concerned about your future and want to ensure that your will takes precedence, there is no either/or when deciding on a power of attorney and living will. Because one does not replace the other.
In a health care proxy, you determine who can make decisions for you personally and in terms of property law if necessary. In a living will, you define your specific treatment wishes for situations in which you can no longer express your wishes. It is therefore important to combine a health care proxy and a living will. This way you can be sure that your proxy is bound by your wishes and at the same time authorized to carry them out.
Legal pitfall sample contract
The Internet has become the primary source of information for almost all areas of life. For almost all decision-making issues, users turn to the global community with confidence. However, caution is advised when using ready-made forms and sample contracts from the Internet.
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Your contact person
Florence Wetzel
Together with my expert team, I am happy to offer you notarial advice in all areas. This means you can be sure that everything will go according to your wishes and be legally compliant. If you have any questions or need help, please do not hesitate to contact me. I am here for you and will be happy to assist you.