Patient's order Unfortunately this specification of service has not yet been completely translated.

Most people today do not die at home, but in the hospital or in the nursing home of a nursing home. This idea causes particular fears for many people. They fear that they will not be let die in peace and dignity, that suffering and death may be unnecessarily prolonged. This is where the patient's order can help.

Any medical measure requires the consent of the person concerned. If a person is still able to make a decision, it is up to him or her to give his or her consent. But what happens when a person is no longer able to express his will? Even then, it is up to him to explain, and that is the statement he made in healthy days for this case - namely, the patient's order. "If a consentable adult has determined in writing, in the event of his inability to consent, whether he consents or prohibits certain examinations of his state of health, treatment or medical interventions, which are not yet imminent at the time of determination" - that is the definition of the law. This declaration is binding if the will of the denoting can be clearly and safely established for the specific treatment situation.

The patient's order must be written in writing in accordance with the express provisions of the law. Oral statements are not without effect- but they can only be taken into account when it comes to the question of what the presumed will of the incapacitated patient would be. Therefore, if you want to uphold your right to self-determination as a future patient and draft a genuine patient order, a written declaration is absolutely necessary. There is no need for notarial information.

Apart from the written form, there are no special formal requirements.

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  • Muster einer Patientenverfügung

Hints

If you have, in a sense, created a patient's order in good days, then you should check it from time to time and make this clear. They are not legally obliged to do so. However, this prevents doubts - possibly years later - as to whether this is still your current will. This is especially important if you become seriously ill after you have made a patient's order. Then you should check your disposition to see if your illness might lead to a change in rating. If possible, specify your instructions and note in any case that you have reconsidered your injunction due to the new situation.

For more information, see the brochure

  • Wer hilft mir wenn

The Third Act amending the law on care, which entered into force on 1 September 2009, enshrines the patient decree in the law. This has created greater legal certainty for all parties involved. The law itself defines what a patient's order is and standardises its binding effect.

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  • § 1901 a des Bürgerlichen Gesetzbuches (BGB)

If you have not granted a power of attorney to anyone, the care court will appoint a caregiver for you if necessary. Caregivers, as well as agents, are obliged to check whether the provisions of the patient's order apply to the current life and treatment situation and, if so, to give them expression and validity.

It is therefore very useful to combine a patient's decree with a preventive power of attorney for health matters or at least with a care order with a care proposal.

Especially in the case of a patient's order, it is important if as many people as possible know that you have put down your will so that the explanation can be found as quickly as possible. Again, it is recommended to carry the information card on which you have noted that you have a patient order.

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