Advance living directive and preventive authorization: that is the difference

A living will does not necessarily have to be accompanied by a power of attorney - however, a combination makes sense. Find out what makes the difference between the living will and the preventive authorization.

Advance living directive - that distinguishes them from the power of attorney

A bad accident can happen at any time and in that case it is good if you have deposited an advance directive and / or a power of attorney in advance. However, you are not obliged to do so: You do not have to draw up a living will or a proxy. You can also create the documents individually, they do not necessarily depend on each other.

• A living will is only used in the event of a medical emergency. The power of attorney can also be effective in this area, but it does not have to be.
• The living will becomes effective when you are no longer able to communicate your wishes yourself. This can also happen at a young age, for example after a serious car accident.
• Set up a living will, make sure that it is clearly and unambiguously formulated and that it complies with the legal requirements. You also need to make sure that medical emergencies know that a living will exists.
• You will usually receive brochures from your family doctor or health insurance company, which describe exactly how to draw up a living will. The basic requirement for drawing up a living will is that you are at least 18 years old and able to make decisions. The living will does not have to, but should be updated regularly.
• By the way, you do not have to be afraid that the living will will come into force if you are still able to make your own decisions. As long as you can express your wishes, your will naturally applies. The will of your proxy, however, if you have created a power of attorney, is not above your advance directive.

Power of attorney - regardless of the advance directive

With a pension authorization, you authorize a person you trust to act for you. In the power of attorney, you determine in which areas the authorized representative may act for you. For example, you can hand over the living will or a copy of it so that he can pass it on to the doctors immediately in an emergency.

• In contrast to the living will, which deals exclusively with medical matters, the power of attorney can refer to all areas of life.
• If you have not appointed an authorized representative yourself, the competent district court will appoint a legal adviser. This can be a family member, but a stranger can also be appointed as your legal advisor.
• It often makes sense to issue a proxy authorization when dementia begins. You can withdraw or modify the proxy at any time.
• According to the law, the power of attorney does not necessarily have to be certified by a notary. However, if the authorized representative is to conduct legally relevant business for you, a certified power of attorney may be mandatory.

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We will explain in the next post when you better have a notary attest to the proxy.