Wegweiser Patients · Your rights in treatment and when things go wrong Deutsch

📝 Living will and inability to consent

If you can no longer decide for yourself: a living will (Patientenverfügung) can permit or prohibit treatments.

living will 1827 inability to consent legal guardian presumed wishes emergency

In brief

Sometimes you cannot decide for yourself, for example if you are unconscious. A living will can help then.

In the living will you set down in writing which treatments you want and which you do not.

It must be in writing. It must fit the situation. It can be withdrawn at any time without any particular form.

If there is no suitable living will, your wishes are inferred from your wishes and beliefs.

Step by step

  1. Think it overConsider which treatments you want in which situation.
  2. Put it in writingWrite the living will down in specific terms.
  3. Tell peopleTell relatives and doctors that it exists and where it is kept.
  4. Get adviceGet advice on the wording. This page does not name an advice centre for this.

Deadlines

in writing
The living will must be in writing; it can be withdrawn at any time without any particular form§ 1827 Abs. 1 BGB
Watch out – common mistakes
  • Wording that is too general may not fit in a real emergency.
  • Only adults who are able to consent can make a living will.
  • Power of attorney for care and guardianship directive are separate topics and are not covered here.
In depth · legal basis, figures and practice – for advisers and professionals

Legal basis (§ 1827 BGB)

If an adult able to consent has stated in writing, for the event of losing the ability to consent, whether they consent to or prohibit certain examinations of their state of health, medical treatments or medical interventions that are not yet imminent at the time of the statement (living will), the guardian must check whether these statements apply to the current situation of life and treatment. If so, the guardian must give expression and effect to the will of the person under guardianship. A living will can be withdrawn at any time without any particular form.

Without a suitable living will (§ 1827 Abs. 2 BGB)

If there is no living will or the statements do not fit, the guardian must establish the treatment wishes or presumed wishes of the person under guardianship and decide on that basis. The presumed wishes must be determined on the basis of concrete indications, such as earlier statements, ethical or religious convictions and other personal values.

Link to the treatment contract (§ 630d Abs. 1 BGB)

If the patient is unable to consent, the living will applies under § 630d Abs. 1 Satz 2 BGB if it permits or prohibits the measure. In an emergency where consent cannot be obtained, treatment may be given according to the presumed wishes.

Who is responsible
  • Treating doctor
  • Legal guardian or authorised representative
  • Stiftung Unabhängige Patientenberatung Deutschland (independent patient advice foundation)
Further reading
Information and consentAdvice, complaints and contact points

Quick questions

Worum geht es bei „Living will and inability to consent“?
If you can no longer decide for yourself: a living will (Patientenverfügung) can permit or prohibit treatments.
Which deadlines and figures matter?
in writing: The living will must be in writing; it can be withdrawn at any time without any particular form (§ 1827 Abs. 1 BGB)
What should I do first?
  • Think it over: Consider which treatments you want in which situation.
  • Put it in writing: Write the living will down in specific terms.
  • Tell people: Tell relatives and doctors that it exists and where it is kept.
What do I need to watch out for?
  • Wording that is too general may not fit in a real emergency.
  • Only adults who are able to consent can make a living will.
  • Power of attorney for care and guardianship directive are separate topics and are not covered here.
Evidence
  • Gesetze im Internet, BGB § 1827, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 630d, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.