Thanks in part to the media, the topic of living wills has recently gained more attention. However, few people yet understand what a living will actually is, where one can be stored, or what wishes can be documented in it.

We'd like to shed some light on this truly important topic for you.

What is a living will?

A living will is a form of protection for you in the event that you become in need of care and are no longer able to make decisions about your medical and health care - whether physically or mentally.

If such circumstances arise, you will need a legal guardian to make these decisions on your behalf. To ensure that you have influence over this guardianship and the subsequent decisions, you should absolutely create a living will.

This document outlines how you will be cared for and by whom, or even who should not be responsible for your care. Additionally, you can specify where you wish to live, whether at home or in a nursing facility. It can also detail to what extent medical interventions should be carried out to keep you alive.

What are the Requirements for a Supervisor?

What is the Difference Between a Power of Attorney and a Care Directive?

A power of attorney immediately appoints a person to handle the financial, organizational, and medical matters of another individual. It is initiated when immediate action is required. 

In contrast to a power of attorney, a care directive doesn't take effect immediately in an emergency. A guardianship court must first decide whether it is necessary and when it should come into effect. In your care directive, you specify who should be entrusted with your care. The court generally respects your choice and only overrides it in exceptional circumstances if the selected person is deemed unsuitable. 

The care directive is usually established as a precaution before any acute situation arises. 

When Do I Need a Care Directive?

You can establish a care directive whenever you want to ensure that a specific person or particular individuals will have the authority to make critical decisions for you in an emergency. 

It can be set up at any time and is a proactive measure in case you become unable to make your own decisions in the future.

What Are the Requirements for the Caregiver?

The prospective caregiver must meet several requirements:

• The person must be of legal age
• The person must be legally competent
• The person must not have any entries in the debtor register
• The person must have no prior criminal convictions
• The person must not live too far from the individual in need
• The person must have adequate proficiency in the English language

How to Get a Care Directive

Of course, you don't have to come up with a care directive on your own. There are templates available on the internet for you to download. Notaries or lawyers also provide the appropriate forms.

You can find a template at this link.

Do I Need to Be Legally Competent to Set Up a Care Directive?

Not necessarily. You can even set up a care directive if you are no longer fully or only conditionally legally competent. However, it is better and safer to do so while you are still legally competent. 

The Right Storage for a Care Directive

You can store your care directive with a notary. We recommend this as well - because in an emergency, they ensure everything goes as you have planned.

Of course, you can also keep the document at home. Using a folder to organize it along with other important documents, like a living will, is a good idea. 

How Much Does a Care Directive Cost?

Public notarization by a notary will cost around 50 to 80 euros. Having it notarized by a care authority is usually cheaper. The cost for notarizing a power of attorney depends on your assets, but it costs at least 60 euros.

Conclusion

Plan ahead. Unfortunately, emergencies can happen sooner than we like. It is also sensible for your family members if you have outlined who you wish to be your caregiver. Personally, a care directive gives you the peace of mind knowing that you have prepared for the worst-case scenario.