living will - Vorsorgevollmacht
english > German inheritance law in English
Living Will
A living will is a document expressing t medical or legal decisions you want people to take for you if you become too ill to make these decisions yourself.
A living will, despite its name, isn't at all like wills people use to leave property at death.
A living will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care (Patienteverfügung), in case they become unable to communicate their decisions. It has no power after death.
If you're helping someone with their estate planning (or doing your own), don't overlook a living will. It can give invaluable guidance to family members and healthcare professionals if a person can't express his or her wishes.
Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. They may end up in painful disputes, occasionally ending in a courtroom.
How to Write a Living Will
The requirements for a living will vary by state so many people hire a lawyer to prepare their living will.
In Germany living wills need to be signed.
But in special cases - for example transacions concerning real estate or immovalbe property they need to be certified, by a notary or an guardianship authority, such as the Betreuungsbehörde.
A living will can be revoked at any time.
The document takes effect as soon as it is signed, or only when it is determined that the person can no longer communicate his or her wishes about treatment. Even if it takes effect immediately, doctors will rely on personal communication, not a document, as long as possible.
Living Wills After Death (trans- und postmorale Volllmacht)
Some living wills or powers of attorney give the agents the power to make decisions even after death.
