1.2.06 Living wills

Aim and purpose

Every patient has a right to self-determination. This also applies to situations in which the patient is no longer able to express their will. In this case, there are precautionary declarations of wishes which inform the doctor of the extent to which medical treatment is desired in the absence of capacity to consent. The extensive possibilities of modern medicine make it appear sensible for patients to make a precautionary declaration regarding the treatment they wish to receive in the event that they lose their capacity to consent. Older people and patients with prognostically unfavorable conditions in particular should be encouraged to discuss their future medical care with a doctor they trust and to express their wishes in this regard. The principles on medical end-of-life care adopted by the German Medical Association emphasize the importance of such declarations at the end of life.

As there is still uncertainty as to how such declarations should be formulated in terms of form and content and when and to what extent they are valid, the following guidelines have been drawn up by the German Medical Association. They serve as a guide for doctors who are asked for advice on drawing up living wills or who are presented with a living will.

Description

Applicable documents

BGH decision of July 6, 2016 - XII ZB 61/16: Requirements for health care proxies and living wills in connection with the termination of life-sustaining measuresEdit

Attachments