How to set up Advance Directives for Medical Treatment under German law
In Germany, it is rather common to set up a Power of Attorney (Vorsorgevollmacht) and/or a Living Will (Patientenverfügung). The formal requirements for both are quite simple. Whereas a Last Will (Testament) must either be written in the testators own hand or must be recorded in the presence of a German notary (details here), both an Enduring Power of Attorney as well as a Living Will must only be in writing (i.e. not necessarily hand written).
Thus, most Germans use standard templates which are readily available in book shops and on the internet. To avoid unpleasant surprises (the internet is full of badly drafted templates and brochures issued by religious sects), one should probably choose one of the established standard forms recommended by the federal or state governments in collaboration with various medical organisations. Two of the most popular publications containing legal and medical explanations as well as templates are titled:
- Vorsorge für Unfall, Krankheit und Alter
and can be downloaded on various official German website (just google the titles). The forms contained in these brochures have the advantage to be well known throughout Germany, so courts, hospitals, banks etc will usually accept them without much ado. However, if you prefer an individually drafted document or if you need legal advice or translations, we will be happy to provide this.
For information on German probate and inheritance law see these postings here.
The law firm Graf & Partners was established in 2003 and has many years of experience with British-German and US-German probate matters. If you wish us to advise or represent you in a German or cross border inheritance case please contact German solicitor Bernhard Schmeilzl, LL.M. (Leicester) at +49 941 463 7070.
For more information on German-British probate matters and international will preparation see the below posts by the international succession law experts of Graf & Partners LLP:
- Most Germans die without a Will (German Intestacy Rules)
- Formal Requirements to set up a valid Will in England, Scotland and Germany: What are the Differences?
- The Perils of German IHT and Gift Tax
- Careful with Deed of Variation if Estate comprises Foreign Assets
- Basics of German Inheritance and Succession Law
- Executors and Trustees in German Inheritance Law
- How to apply for a German Grant of Probate
- The Infamous German Community of Heirs – And how to avoid it
- Germans Heirs are Personally Liable for Debts of the Deceased
- International Wills and Estate Planning for British-German Families
- Prove German Wills for English Probate
- Disputed Wills and Contentious Probate in Germany
- Disinherit your no-good children? Not so easy in Germany
- Don’t be afraid of Clients with Foreign Assets!
- Can foreign Taxes be set off against UK Inheritance Tax?
Or simply enter “probate” or “inheritance” in the search box above.
The law firm Graf & Partners and its German-English litigation department GP Chambers was established in 2003 and has many years of experience with British-German and US-German probate matters, including the representation of clients in contentious probate matters. We are experts ininternational succession matters, probate and inheritance law, including international litigation. If you wish us to advise or represent you in a German or cross border inheritance case please contact German solicitor Bernhard Schmeilzl, LL.M. (Leicester) at +49 941 463 7070.