Advance directive – absolutely essential!

What is a advance directive?

A advance directive sets out which medical measures you want to be taken to care for you and which you refuse. This allows you to exercise your right to self-determination in advance in case you are unable to express your wishes due to serious illness or after an accident. Until that moment, you naturally retain the right to change your living will in whole or in part at any time.

What must be included in the order?

advance directives are binding: doctors must implement them when the treatment and life situation for which they were issued arises. In order for your living will to be recognised, it must be in writing and should include, among other things:

• a precise description of the situation in which the advance directive shall apply. For example: ‘If I am, to all likelihood, irreversibly in the immediate process of dying,’ or ‘if I am in the final stage of an incurable, terminal illness.
• “Specific instructions, for example regarding life-sustaining measures, pain and symptom management, as well as artificial nutrition. Simple statements such as ‘I don’t want to be kept alive by machines’ are not sufficient.”
• “Wishes regarding the place and circumstances of dying, for example, the wish to die in a familiar environment.”
• Statements on binding nature, interpretation, enforcement and revocation
• a reference to further precautionary measures
• an indication of a possible willingness to donate organs

Who can help with drafting the advance directive?

Since an advance directive deals with questions concerning medical treatment, you should first and foremost discuss it with your doctor. Some hospices also offer guidance. In addition, there are many information brochures that can help you formulate your personal wishes regarding questions of life and death.

We are also very happy to support you: together with you, we will prepare the advance directive according to your wishes and archive it, so that we can directly access it in case of emergency.

It is advisable to update the document, including date and signature, approximately every two years.

What happens if I don’t have an advance directive?

In principle, no one can be forced to draw up an advance directive. This ensures, for example, that nursing homes may not make admission dependent on presenting such a directive – this is prohibited. However, every medical treatment or its termination requires your consent. If you are unable to express your wishes and no directive is in place, the situation becomes difficult. The physician must then try to determine your presumed will on the basis of your previous statements. To this end, they will also consult your relatives. Spouses or children may only make legally binding decisions on your behalf if you have formally authorized them through a power of attorney or if they have been appointed as your legal guardian. In case of disagreement about continuing treatment, the final decision rests with the court.