Anyone with questions about topics such as a power of attorney for health care, a guardianship directive, or a living will can seek advice from the appropriate agency.
With a power of attorney for healthcare, you make arrangements in case you are no longer able to manage your legal affairs on your own. This situation can arise, for example, if you are involved in an accident with serious health consequences. If a valid and sufficient power of attorney is in place, legal guardianship can be avoided.
A guardianship order comes into effect when guardianship is established. After carefully reviewing the individual case, the guardianship court orders guardianship if an adult is unable to manage their legal affairs—either in whole or in part—due to an illness or disability, and a decision needs to be made at that time.
In this case, the court must appoint a guardian. With a guardianship directive, you can determine in advance who should assume guardianship.
With a medical directive, you can stipulate in advance—in the event that you become unable to give consent regarding medical matters—that certain medical measures should be taken or withheld in specific situations. This allows you to specify your wishes regarding health examinations, medical treatments, or medical procedures that are not yet imminent. In this way, you ensure that your wishes are carried out, even if you are no longer able to express them in the current situation.
The relevant authority will explain what you can specify in these documents, what the implications are, and how to draft them effectively.
If you are unsure how to formulate your wishes, you can seek guidance from the relevant authority.
Spousal Right of Representation under Section 1358 of the German Civil Code (BGB
): If a married person is no longer able to make decisions regarding their own health, their spouse may, as a general rule, make decisions on their behalf.
Anyone who refuses to act as a representative must informally object to this in advance.
Consultation by phone or in person by appointment.
Spouse's Right of Substitution:
