Heike Morris
Legal Director Independent Patient Advice Germany
Who should draw up such a directive?
"Anyone who wants to make good provisions for themselves. This is because it specifies which medical measures are desired in the event of a medical emergency if you can no longer give your consent. Such a situation can arise unexpectedly, for example due to an accident, even in young people."
In what form must it be written?
"The written form is sufficient, i.e. it only needs to be signed by hand. It doesn't matter whether you fill in a form, print out the text or write it by hand. It also does not have to be notarized."
Are there templates that can be used for this?
"You can find numerous templates and text modules on the Internet. The 'Living will' brochure, which you can download free of charge from the website of the Federal Ministry of Justice and Consumer Protection, is particularly helpful."
What do I need to pay attention to when filling out the form?
"Formulate your instructions regarding life-sustaining measures, pain treatment and artificial nutrition as precisely as possible. This will increase the likelihood that your instructions will be taken into account in an emergency - and not that others will decide for you. General statements such as 'I don't want to be hooked up to tubes' are not specific enough and offer too many possible interpretations. You should also seek advice from your GP - after all, you can only describe what you understand."
What if I don't have a power of attorney in an emergency?
"Then the doctor must try to understand your wishes with the help of your relatives and on the basis of previous statements. Spouses or children can only make legally binding decisions in such a situation if you have appointed them as authorized representatives or if they have been appointed as legal guardians. In the event of differences of opinion about the discontinuation or continuation of treatment, the court will ultimately decide. With a living will, you ensure that your wishes are taken into account. And you relieve the burden on your relatives, who no longer have to make a choice in your place that could decide between life and death."
How binding is the advance directive for others?
"If it is specific enough, doctors and all other parties involved must adhere to it. To ensure that there are no doubts about its validity, the advance directive should be reviewed approximately every 3 to 5 years and renewed if necessary. Incidentally, you can change the advance directive at any time, even in hospital - as long as you are still able to formulate your wishes."
Where should I keep the document?
"In a safe place at home, with friends or relatives. Especially if they have also been given power of attorney to monitor medical measures. And: You should carry a note in a wallet with a reference to the living will and the place where it is deposited."