The Importance of Creating a Clear and Legally Secure Living Will

Homberg (pm). It can happen as a result of a serious illness or an accident: »Suddenly a person is no longer able to express his or her will. So it’s good if there is a clear and legally secure living will,” says the facility manager of the “Goldborn” retirement home.

This is often the case with the residents of the facility in Homberg, but not always. “Unfortunately,” as Ludemberg Pereira de Lima emphasizes. “Then the relatives and nursing staff start to feel uncertain about which decisions should be made now.” He therefore advises: One should deal with the living will as early as possible. The thought of illness, vulnerability and helplessness is not a pretty one. The topic is often postponed until later. “But then it may be too late,” says Pereira de Lima.

Changes possible later

From his point of view, it is advisable to take care of it as early as possible. “That can be as early as 30 or 40 years old. With a living will, you take a load off the shoulders of the relatives.« The concern that nothing can be changed about the will is unfounded. »It can be adjusted at any time.«

Secondly, he recommends thinking about it in concrete terms. This document should present the wishes and concerns of the creator clearly and concretely. General statements may not be recognized by courts. The Federal Court of Justice ruled in 2016: “The written statement that ‘no life-sustaining measures’ are desired does not in itself contain the specific treatment decision by the person concerned that is necessary for a binding living will.” For example, a terminal illness or brain damage and which measures such as artificial nutrition, ventilation or painkillers the person concerned would like in which case.«

Inform relatives in advance

To ensure that the document is legally secure, the Alloheim expert recommends getting help with the creation. »The family doctor is the right person to contact if you are already ill. He can advise which symptoms or consequences are possible and what the person concerned should be prepared for. An experienced lawyer ensures the legal certainty of the living will, and some legal protection insurance companies cover the costs. But the consumer centers also advise on this topic and have good templates ready that can be individually adapted.«

A living will provides security. “And not just for the creator, but also for his relatives,” says Pereira de Lima. It’s comforting to have clarity. Therefore, the document should also be communicated. In this way, authorized representatives, relatives or friends can be informed so that they know what is going on and are well prepared if the worst comes to the worst.

Similar to a will, a living will is an important and sensitive document. It should therefore be kept in a safe place. “Ideally, the decision-maker knows where the original is,” explains Pereira de Lima. “He needs this copy in order to be able to act.” In order to have security on the way, the creator can carry a reference to the power of attorney in his purse. An alternative is to register the living will with the central register of the Federal Chamber of Notaries. The attending physicians and supervisory courts have access to this. In an emergency, they can make quick decisions that correspond to the will of the creator.