Advance care directive; information on drawing it up

If you are no longer able to manage all or part of your affairs as a result of an accident or illness, or due to declining mental capacity in old age, and you have not granted a power of attorney, it may be necessary to appoint a legal representative ("guardian") for you. In this case, the court will hear you as part of the guardianship proceedings on the question of who you would like as your guardian, among other things. If you are no longer able to make a statement, the court must take into account the wishes you have previously expressed. This is best done in a written advance care directive, also known as a "care directive". In it, you can specify who should be your guardian. However, you can also specify who should not be considered as a caregiver under any circumstances.

In addition to any wishes regarding the person of the caregiver, you have the option of specifying further requirements for a later care case in a care directive. For example, you can make instructions on the following questions:

• Do I want to maintain my standard of living in the event of care? Should my assets be used up if necessary?
• Do I want to live in a particular home if I have to be admitted?
• Who would I like to be looked after by if I need care?

However, these are only suggestions. Your individual situation is decisive.

You can find more details and the form for the advance care directive in the information brochure "Precautions for accidents, illness and old age" (see "Further links").

For reasons of proof alone, the care directive should be drawn up in writing and signed by you with the place and date.

You can register a care directive for a fee with the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries (see "Further links").

• Care directive form

  The Bavarian State Ministry of Justice offers a sample form for a care directive as a PDF document. Once downloaded, the form can be printed out, completed and signed.

• § Section 1816 of the German Civil Code (BGB)

  Care wishes, care directive

• §§ Sections 1814, 1821 of the German Civil Code (BGB)

  Appointment of a legal guardian

• §§ Sections 78a et seq. of the Federal Notarial Code

  Central register of precautionary measures

• Bavarian State Ministry of Justice
• Brochure "Precautions for accidents, illness and old age"
• Central register of precautionary measures (ZVR)

  The Central Register of Lasting Powers of Attorney (ZVR) is the registration office for private and notarized powers of attorney, care directives and living wills from all over Germany.

• Lasting power of attorney; information on drawing it up
• Lasting powers of attorney and care directives; application for certification
• Supervision; information on official supervision