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authors: Tamayo-Velázquez MI ,Simón-Lorda P, Ruiz D, Arnd T. May last update: 5/12/2010
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Advance directives are regulated by law in Germany since 29 july 2009 . The Federal Law amends the Civil Code so that AD are binding but only if they are according with the patient’s current living and treatment.
ADs in German can be named as:
- Patientenverfügung
- Behandlungswünsche
- Behandlungsvereinbarung (for psychiatric patients))
- Every person of full age (18years and older) who is able to consent has the right to set a living will.
- A living will must be in writing, it takes effect when the person is no longer able to consent but only if these determinations correspond to the current living and treatment situation.
- A living will is possible regardless of the nature and stage of any illness of the person. It is not necessary to suffer a lifetime limiting illness.
- A living will may be revoked at any time without a specific form.
- No one may be obliged to establish a living will.
- The physician in attendance must examine which medical measure is indicated with regard to the patient’s overall condition and prognosis. He and legal representative (representative or legal guardian) must discuss this measure, considering the patient’s will (1. direct binding living will, 2. interpretation of the living will or 3. presumed will) as a basis for the decision to be taken.
The German law guarantees the autonomy of the patient. Nevertheless the legal guardian (Betreuer) or the authorised representative (Bevollmächtigter) have to examine whether these determinations correspond to the current living and treatment situation.
If there the determinations of a living will do not correspond to the current life and treatment situation, the legal representative must determine the wishes with regard to treatment or the presumed will of the person.
Furthermore if there is no living will the presumed will (mutmaßlicher Wille) must be ascertained on the basis of concrete indications. Consideration must be given, in particular, to previous oral or written statements, ethical or religious convictions and other personal values of the person under custodianship.
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