Procedure descriptions

Create a living will

In a living will, you can specify which examinations and treatments - for example in the event of serious illness or after an accident - you consent to or which you prohibit.

This includes, for example

  • the use of life-prolonging measures
  • artificial respiration or
  • artificial nutrition.

The living will is binding if the stipulations it contains apply to the current life and treatment situation.
Even if this is the case, it may no longer be binding if there is concrete evidence to suggest that the stipulations contained therein should no longer apply at the time of treatment.

Carers, authorised representatives and medical staff must check the aforementioned requirements. If a living will is binding, it must be observed. If this is not the case, the patient's treatment wishes or presumed wishes must be determined. In certain cases, the guardianship court must be involved.

Details

Prerequisite

none

Procedure

You should discuss a living will with people you trust. These may be relatives, friends or medical staff.

Your living will is only effective if you have drawn it up in writing and signed it in your own hand by

  • By signing your name or
  • a notarised signature.

You are not required to have your signature notarised or your living will notarised.

You should formulate the living will as clearly and specifically as possible and date it. You should also name trusted persons who should also sign the advance directive.
They will later be the contact persons for carers or authorised representatives and medical staff.
In a "health care proxy", you can authorise your trusted person to represent you in health matters and to enforce your wishes as set out in your living will.

A living will should be stored in such a way that your doctors, authorised representatives and carers in particular can find out about the existence and storage location of a living will as quickly and easily as possible.
For this purpose, it may be useful to carry a note with you about where the living will is kept. If you have authorised a trusted person, they should also be informed.
You can also deposit your living will in the Central Register of Advance Directives of the Federal Chamber of Notaries.
This will ensure that the courts are informed of your living will.

If you are admitted to hospital, you or a person you trust should draw attention to the living will. If possible, a copy should be placed in the patient's medical file.

Tip: You should confirm the validity of the advance directive at regular intervals by signing it.

Deadlines

none

Required documents

none

Costs

as a rule: no
Exception: one-off fee for deposit in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries

Miscellaneous

You can revoke the living will at any time. In order to avoid ambiguities and difficulties in providing evidence, it is recommended that you destroy the document if you revoke the living will completely and delete the relevant passages if you partially revoke it.

In a living will, you can also declare your consent to organ donation. This allows you to consent to the necessary measures in the event of organ donation.
This also applies if you make other dispositions in the living will.
Of course, you can also draw up an organ donor card independently of a living will. You can find more detailed information on organ donation in the related entry.

Legal basis

Bürgerliches Gesetzbuch (BGB):

  • § 1827 Patientenverfügung; Behandlungswünsche oder mutmaßlicher Wille des Betreuten
  • § 1828 Gespräch zur Feststellung des Patientenwillens
  • § 1829 Genehmigung des Betreuungsgerichts bei ärztlichen Maßnahmen

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 04.02.2026