Since September 01, 2009, the German Civil Code (BGB) has legally regulated the living will. It is defined as a written declaration that permits or prohibits specific medical treatments or interventions if the author can no longer express himself independently.
What does a living will look like?
There is no prefabricated form for a living will. However, it must show that the author has thought about the circumstances of his or her dying and has clearly formulated his or her will in this regard. It must also be signed and dated. Notarization is not necessary. The patient can revoke his or her will informally at any time.
The aim of this statutory regulation is to provide greater legal certainty with regard to the waiver of life-prolonging or life-sustaining measures in the event of a person’s life-threatening condition.
Suggestions for drafting a living will are provided by the German Federal Ministry of Justice and Consumer Protection, among others.
Recommendations for a living will
The German Medical Association recommends that living wills include statements about the following situations:
- Dying phase
- Unstoppable severe suffering
- Permanent loss of the ability to communicate
- Need for ongoing serious interventions such as ventilation, dialysis, artificial nutrition and respiration, and organ replacement
In addition, you should ask yourself questions about these topics:
- Sensitivity to pain
- Willingness to endure pain
- Fear of disability
- Disfigurement
- Dependency
A recommendation is also to write down:
- What experiences one has had with illness, pain and physical limitations.
- What experiences one has had with the dying of others
- Which religion one belongs to or
- What makes life worth living for oneself
A medical consultation is recommended before drafting the living will in any case.
The living will can, but does not have to, be kept with the family doctor. In addition, a living will should be updated or reconfirmed about every two years.
