Advance care planning:
Power of attorney/living will

Illness or an accident can not only lead to fundamental changes in one’s personal life. Accidents or illnesses can also lead to a person no longer being able to manage and manage their personal affairs independently, resulting in their reliance on the assistance of others.

It is crucially important to note that, contrary to widespread belief, close relatives, children, or spouses or partners are not automatically authorized to act on behalf of the person concerned and make decisions in such cases. If no such arrangement exists, a guardian must be appointed by the court; the court will select a suitable person.

Against this background, it is strongly recommended to make provisions for such cases. This primarily prevents third parties, possibly even strangers, from making sole decisions regarding one’s future well-being or existing assets.

As notaries, we help you prepare for such emergencies, particularly through directives and powers of attorney tailored to the specific case. This ensures that your expressed wishes can also have legal effect and be implemented in an emergency.

Additionally, a so-called advance directive can be used to record wishes regarding medical treatment or the termination of treatment in the event that one is no longer able to express one’s wishes. Such provisions are particularly important in cases where death is imminent and it is only a matter of time before it occurs (termination of treatment), or if one is permanently in a coma or similar state (refraining from life-prolonging measures).

It is also extremely sensible to have such precautionary documents registered in the Central Precautionary Register at the Federal Chamber of Notaries to ensure that they can be found and used in an emergency.

(PDF)

(PDF)

(PDF)