What is an advance directive?
An advance directive is a crucial document for healthcare planning. It allows a person to specify in writing which medical measures they wish to accept or refuse in case they are no longer able to make decisions for themselves due to illness or accident.
This directive serves as a valuable guideline for doctors and relatives to ensure medical care according to the patient's wishes.
Important aspects of an advance directive:
- Medical measures: What treatments should be carried out or refused?
- Life-sustaining measures: When and under what circumstances should these be terminated?
- Decision-makers: Who should make decisions if one is no longer able to do so?
- Design of the final phases of life: How should care and support be provided in the last phases of life?
The advance directive is an essential part of personal precautionary planning. It ensures that your individual wishes and needs are considered in medical decisions.
To ensure the validity and recognition of your advance directive, it is advisable to have it officially certified. At Beglaubigt.de, you can have your advance directive certified quickly and easily, ensuring that your precautions are legally secured. Secure your future and ensure that your wishes are respected.
But if there is No advance directive, who decides?
What information should be included in an advance directive?
An advance directive is a crucial document that ensures your medical wishes are respected in an emergency. To be clear and understandable, your advance directive should include the following elements:
1. Clear identification
Your advance directive must include your full name, date of birth, and address. This ensures the document is clearly attributed to you.
2. Precise medical instructions
Which treatments do you wish to accept or refuse? Here you should specify precisely:
- Life-sustaining measures such as artificial respiration or nutrition
- Resuscitation measures
- Other medical procedures such as surgeries, blood transfusions or pain therapies
Tip: It is helpful to specifically address different scenarios, e.g., what should happen in the event of a permanent coma or severe brain damage.
3. Additional Wishes
In addition to medical instructions, you can also record your preferences for care, nursing and even for burial. This information helps your relatives to understand and implement your wishes comprehensively.
4. Date and Signature
Do not forget to date and sign your living will. Only then does the document have legal validity.
5. Regular Review and Update
Your preferences may change over time. Therefore, it is important to review and update your living will regularly to ensure that it always reflects your current wishes.
Living Will: What is it: Explained step by step (with examples and templates). Here you will find all further information explained simply and understandably with many examples.
How does a living will differ from a power of attorney?
A living will and a power of attorney are important documents that are often created together, but serve different purposes.
An advance directive is a written document in which a person specifies in advance which medical measures should or should not be taken in the event of a serious illness or accident. An advance directive takes effect when the person is no longer able to make decisions due to unconsciousness, dementia, or other reasons.
Power of Attorney: Legal and Financial Representation
The power of attorney goes beyond the medical field. With this document, you designate a trusted person who, in the event of your physical or mental incapacity, makes legal and financial decisions on your behalf.
Important Points:
- Legal Representation: The authorized person can conclude contracts, conduct banking transactions, and submit applications.
- Financial Matters: They manage your assets, pay bills, and take care of your financial affairs.
In contrast to a living will, a power of attorney refers to everyday decisions and not just medical questions.
See here: Living Will for Printing
What role does a notary play in creating a living will?
A notary is not necessarily required to be involved in the creation of a living will. In fact, you can write your living will yourself or use pre-made forms and specialized service providers like Beglaubigt.de.
When is notarial certification advisable?
Although notarial certification is not required, it can still be advisable:
- Increased legal security: Certification by a notary confirms the authenticity of your signature and can thereby increase the legal effectiveness of your living will.
- Consultation and Formulation: A notary can assist with the formulation of your advance directive to ensure it meets the legal requirements.
Note: Getting a notary's certification involves costs and is not necessary in most cases. Nevertheless, it is important to create your advance directive carefully and responsibly to ensure your wishes are smoothly implemented in an emergency.
Are changes or additions to an advance directive possible over time?
Yes, changes and additions to an advance directive are possible at any time and even recommended. Your wishes and ideas about medical care may change over time. Therefore, it is advisable to regularly review and update your advance directive as needed.
When should changes be made?
- Changes in personal circumstances: When your life situation or health conditions change.
- New medical scenarios: When there are new medical developments that were not considered in the original directive.
Important: Any changes or additions must be documented in writing, dated, and signed to ensure their validity. If your original directive was notarized, the changes should also be notarized by a notary.
How long is an advance directive valid?
An advance directive is generally valid indefinitely as long as it is not revoked or updated. Nevertheless, it is advisable to review and, if necessary, adjust the directive every few years.
When should an update be made?
- Changes in the legal framework: When legal provisions affecting your advance directive change.
- Advances in medicine: New treatment options may influence your original wishes.
Regular review and updates ensure that your advance directive always reflects your current intentions and needs and is effective in an emergency.
Can relatives or legal representatives also create an advance directive for a person?
No, relatives or legal representatives cannot create an advance directive for another person. The advance directive is a personal document that expresses an individual's personal wishes and preferences regarding medical treatments and decisions in case of incapacity or unconsciousness. Therefore, the affected person must make the decisions and sign the document themselves.
Support from relatives:
Relatives or legal representatives can, however, provide support:
- Provide information and advice
- Assist in the search for suitable templates or contact points, e.g., by downloading a legally compliant advance directive PDF
If the affected person is unable to create or sign an advance directive, a healthcare proxy or guardian can represent their interests and express their wishes in accordance with the advance directive.
How can one ensure that their advance directive is actually considered in an emergency?
To ensure that your advance directive is actually considered in an emergency, there are various methods:
- Passing documents to important people: It is important that the advance directive is passed on to important people, such as the family doctor, the caregiver, the person with health care power of attorney, and family members. This ensures that in an emergency everyone is informed about the contents of the advance directive and can take it into account.
- Always carry a copy with you: It can also be useful to always carry a copy of the advance directive with you, especially if you suffer from a serious illness or require regular medical treatment. This allows medical professionals to quickly access the patient's wishes and preferences in an emergency.
- Talk to the doctor: It can also be helpful to talk to the family doctor or treating physician about the advance directive and ensure that it is recorded in the patient's medical records. This ensures that the advance directive is taken into account in an emergency, even if the patient is not able to present it themselves.
- Regular updates: It is important to regularly update the advance directive and ensure that it still corresponds to the patient's current wishes and preferences. Especially in case of changes in health status or living conditions, it may be useful to adapt the advance directive.
- Certification of the advance directive: A certified advance directive can also contribute to it being taken into account in an emergency. Certification confirms the authenticity of the signature and the document, preventing doubt about the validity of the advance directive.
How can you inform your own family or other loved ones about your advance directive?
It is important that close individuals are informed about the existence and contents of one's advance directive to ensure that it is taken into account in case of an emergency.
It is therefore advisable to inform the family or other trusted persons about the advance directive and provide them with a copy. It may also be useful to discuss the advance directive with relatives or other trusted persons and clarify any open questions.
Tip: Additionally, it can be helpful to keep the advance directive in an easily accessible place, such as in a medical emergency folder or at the family doctor's office.
How does creating an advance directive work?
Creating an advance directive with Beglaubigt.de is both individual and user-friendly. The process can be broken down into the following steps:
1. Individual questionnaire:
- The first step is to fill out a detailed questionnaire. This questionnaire is specifically tailored to your personal needs and wishes.
- Unlike standardized templates, which are often inflexible, here you can ensure that all your individual requirements are taken into account.
2. Review by experts:
- After filling out the questionnaire, your advance directive will be reviewed by an experienced team for legal and medical accuracy.
- This careful review ensures that your directive is legally binding and effective in an emergency.
3. Notarial certification:
- The final step is the notarial certification of your advance directive. This makes the document legally binding and ensures that your wishes are respected.
Here are 14 tips for advance directives that might help
Where can I get the best advance directive?
The question of the "best" advance directive cannot be answered universally, as each individual has different needs and wishes that must be considered. However, there are various providers who can assist in drafting an advance directive and ensure its legal validity.
Option 1: Online Platform Beglaubigt.de
- Individualized and legally secure drafting: Beglaubigt.de enables the easy drafting of an advance directive, tailored to the personal wishes and needs of the patient.
- Legal security: The directive is reviewed for legal validity by specialist medical law attorneys.
- User-friendliness: The platform offers easy handling and individual design of the directive.
Option 2: Family doctor or hospitals
- Pre-made forms: Often, standardized forms can be filled out at these locations.
- Less individualized: These forms are often less personalized and might not offer the same legal security as a specialized provider like Beglaubigt.de.
Important note:
An advance directive should be regularly updated, as personal needs and wishes can change over time. This update can, for example, take place during a doctor's visit or by using the online platform Beglaubigt.de.
Learn more about Advance Directive Digital: Overview and Benefits
Who can issue an advance directive?
An advance directive can be issued by any adult who is legally competent, regardless of their health status. Such a directive expresses one's will in case of a situation where one is no longer able to make decisions. It can specify medical measures and treatments that one rejects or explicitly wishes for.
There are various ways to create an advance directive. One option is to have it prepared by a doctor or lawyer. These experts can help with the wording of the directive and ensure that it is legally sound and aligns with your wishes and needs. Another option is to use online platforms like Beglaubigt.de, which offer a simple and personalized way to create advance directives.
It is also possible to draft an advance directive oneself. It is important to carefully engage with the topic and be informed about possible medical treatments and interventions. The directive should be drafted precisely and unambiguously to avoid misunderstandings.
Even for a self-drafted directive, it is advisable to have it reviewed by a doctor or lawyer to ensure that it is legally valid and aligns with one's own wishes.
Important: Regardless of how the advance directive is created, it is essential to regularly review and adjust it as necessary. Personal wishes and needs can change over time, and it's important to ensure the directive is always up to date.
How much does an advance directive cost at the family doctor?
The costs for an advance directive at the family doctor can vary depending on the doctor and region. Generally, family doctors do not charge separate fees but integrate it into the regular consultation.
Initial consultation:
- An initial consultation, where the doctor informs the patient about the possibilities and procedures of an advance directive, is usually free.
Costs for drafting and consultation:
- If the patient decides to have an advance directive drafted, costs for the consultation and drafting of the document might arise. These vary depending on the effort and scope of the directive.
- It is also possible to create an advance directive independently and then have it reviewed by a doctor or lawyer to ensure legal certainty. This may also incur costs.
Alternative options:
- Specialized online platforms like Beglaubigt.de offer personalized creation of advance directives.
Overall, the costs for an advance directive are relatively low when you consider that in the event of an accident or serious illness, the directive takes your own wishes into account and can be an important decision-making aid for relatives and doctors.
How much does an advance directive cost at a notary?
We have written an article to give you the best possible understanding, which you can find here: How much does an advance directive cost at a notary?
Where can I get documents for an advance directive and power of attorney?
Documents for an advance directive and power of attorney can be obtained from various individuals or institutions that deal with the topic, for example:
- General practitioners or specialized medical lawyers
- Specialized online platforms like Beglaubigt.de
- Consumer advice centers or non-profit organizations like the German Hospice and Palliative Care Association (DHPV)
To obtain these documents, individuals should either contact their general practitioner or a specialized lawyer to learn about the various options and receive the appropriate documents. Alternatively, specialized online platforms offer easy-to-understand templates for the documents, along with notarization by a notary. Another option is to consult consumer protection agencies or non-profit organizations, which provide comprehensive information and templates.
However, it is important that the documents are individually tailored and reviewed by a doctor or lawyer to ensure they meet your own wishes and are legally secure.
Where can I get a form for the advance directive?
There are several ways to obtain a form for the advance directive:
- General practitioner: The general practitioner can usually issue a form for the advance directive or recommend where to find one.
- Online platforms: There are many online platforms where you can download forms for the advance directive. One of these platforms is beglaubigt.de, where you can also get support in creating the advance directive.
- Counseling centers: In some cities and municipalities, there are counseling centers that can assist in creating the advance directive and also provide forms.
- Lawyers: A lawyer can also help in creating an advance directive and provide or create a form.
It is important to note that creating an advance directive is not just about filling out a form, but also about considering your own wishes and needs as well as clarifying legal issues. It is therefore advisable to obtain comprehensive information and, if necessary, seek support in creating the advance directive.
What are the advantages of creating an advance directive?
Creating an advance directive has a number of advantages. Below are some of the most important benefits listed:
- Self-determination: An advance directive allows you to decide for yourself which medical measures should be taken in the event of a serious illness or accident and which should not. This ensures that your wishes and needs are respected and considered.
- Relief for relatives: An advance directive can also help to relieve relatives, as they do not have to make decisions on their own in case of an emergency. The directive gives clear instructions on what to do, creating clarity and security for all involved.
- Legal certainty: A legally binding advance directive has the advantage of being legally binding, so doctors and relatives must adhere to it. This can prevent unwanted treatments or measures.
- Avoiding Conflicts: If there are no clear instructions on what medical measures should be taken in case of a serious illness or accident, conflicts can quickly arise within the family or with the doctors. A living will can help avoid such conflicts and improve communication between all parties involved.
- Consideration of Personal Wishes: A living will allows for individual wishes and needs to be taken into account. For example, one can decide whether they want to be treated at home or in the hospital in the event of a serious illness, or if one rejects life-prolonging measures.
Where can you print a living will?
A living will can be downloaded and printed from various platforms on the internet. Some examples are:
- Beglaubigt.de: Here, living wills can be created and downloaded online.
- Federal Ministry of Justice and Consumer Protection: The ministry provides a template for the living will available for free download.
- German Foundation for Patient Protection: The foundation also offers a free template for the living will on its website for download.
- Various Health Insurance Companies and Hospice Services: Some health insurance companies and hospice services also offer free templates for the living will on their websites for download.
However, it is important to note that creating a living will is not just about filling out a form, but also about considering one's own wishes and needs, as well as clarifying legal questions. Therefore, it is advisable to inform oneself comprehensively and, if necessary, seek support when creating the living will. What does a living will cost at the notary: A clear overview of costs (Comparison of alternatives).