Prevention for emergencies: why a power of attorney is often sufficient and the living will still makes sense

In a world where medical care is becoming more and more complex and the topic of preventive care is becoming increasingly important, many people ask themselves the question: Do I even need a living will if I already have a power of attorney? The answer to this is multi-layered, because both instruments have their own advantages and areas of application. This article wants claritycreate why the power of attorney can often be sufficient, why a living will still makes sense and how you can combine both instruments in a meaningful way in order to be well prepared in an emergency.

Power of attorney: The most important tool in case of the worst case

The power of attorney is a legal document with which a person authorizes another person to make decisions on their behalf if they are no longer able to do so themselves. This power of attorney can relate to a variety of areas, such as financial matters, legal issues or medical decisions. It is important that thePower of attorney is a legally binding agreement, which also holds in court, should a dispute arise. As a rule, the power of attorney is the most important instrument for determining a familiar person in the event of illness or sudden inability to make decisions, who can act in the interests of the person concerned. It is flexible, can be customized andallows you to give clear instructions in advance. However, it is important that the authorized representative knows exactly what his own wishes are so that he can act accordingly in an emergency.

Why the living will is still a useful addition

Despite the great importance of the power of attorney, the living will has its own justification. It is a written document that defines clear medical requests, such as life-sustaining measures, artificial nutrition or other medical interventions. The decisive advantage is that the living will is primarily for doctors andgives medical staff clear instructions. While the power of attorney transfers the decision-making authority to a person who, in the best case, knows well about their values and wishes, the living will creates a legally binding basis that can be applied directly in an emergency. The legal protection that a living will offers is facilitatedit the medical professionals to make decisions in the interests of the patient. It reduces uncertainties, ensures legal certainty and avoids conflicts that could arise if there are unclear or contradictory requests.

The right implementation: What you should consider when creating

There are a few important aspects to consider when creating a living will. It is advisable to use standardized forms, such as those of the Bavarian Ministry of Justice, and to have this signature notarized. Both significantly increase legal certainty. Nevertheless, the question remains: Is that enough?Perfect living will only really valuable if you have previously spoken openly to your authorized representative about your values, beliefs and wishes. Because a pure formality without personal understanding can be completely useless in an emergency. It is important that the person who makes decisions on their behalf actually knows what they want. aLiving wills is not a mere legal act, but a profound reflection on their basic ethical, religious and philosophical beliefs. Only if they are known can the order be used in an emergency.

Why a thoughtless living will can even be harmful

It is not uncommon for people to simply create a living will on a whim or on advice. However, this can be dangerous. An example: My friend Bettina once told me that her mother had made a living will, which was then also taken over for her father and herself. The problem is: The three had completely differentlife situations, ages and values. The father was a sensitive, slowly demented man, the mother was a fun-loving, fit 80-year-old, and Bettina was in her mid-50s, single and active. Such a flat-rate decree, which treats all three equally, makes hardly any sense. It’s almost a coincidence when such a decision at all corresponds to individual wishes.Instead, it’s much better to openly talk to the authorized representative about what’s really important to you.

Conversation about the emergency: Why is it so important

The exchange on topics such as death, dementia or a coma is uncomfortable for many people. The conversation with the authorized representative is of crucial importance in order to avoid misunderstandings and to leave clear ideas. My partner and I have been together for over 30 years. Despite this long time together, we have found that we have differenthave ideas about what is still worth living and what is no longer worthwhile. Such differences are normal, but they should be clarified early in order not to make wrong decisions in an emergency.

Professional support: why a conversation partner is indispensable

Since the conversations about one’s own death, death or dealing with serious illness can be very stressful, it is advisable to consult a professional interlocutor. This can be doctors, palliative care physicians, hospice staff or specially trained advisors. For several years there has been the so-called in GermanyAdvanced Care Planning(ACP). This is a structured form of precaution, in which a specially trained companion deals intensively with their values and ideas. The result is a much more differentiated living will that reflects your wishes in relation to treatments and measures even if you are no longer able to do so yourself.

Personal experience: why is the discussion worthwhile

For me personally, the ACP process was very valuable. It is not only the clear formulation of your own wishes that relaxes you, but above all the deep understanding of your own fears and beliefs. The conversation helped me to clarify my priorities and understand myself better. Another important point is that in such conversations, theauthorized representative should be present. This is the only way he can get a comprehensive insight into his own values, which is very helpful in the case of a decision.

Conclusion: Prevention is more than just paper

In conclusion, it can be said: A living will is a valuable document, but it should never be considered single. It is essential to talk openly with the authorized representative about your own wishes and to check them regularly. This is the only way to really act in the interests of the person concerned in an emergency. Above all, precautionary means to think about it at an early stagemake, be honest and communicate your own values clearly. Because only with good preparation and open communication can the challenges at the end of life be easily overcome – in the sense of one’s own dignity and according to one’s own wishes.