📜 Living will and power of attorney

Without a power of attorney or a living will, the guardianship court will appoint a legal guardian in an emergency – even for spouses, only a time-limited emergency right of representation has applied since 2023.

living will (Patientenverfügung) 1827 BGB power of attorney (Vorsorgevollmacht) spousal emergency representation right (Ehegattennotvertretungsrecht) 1358 BGB advance care register (Vorsorgeregister)

In brief

If you may one day be unable to decide for yourself, you should set out in writing beforehand who may act for you and which medical treatments you want or refuse. A power of attorney (Vorsorgevollmacht) names a trusted person for financial and health matters, a living will (Patientenverfügung) sets out specific treatment wishes. Since 2023, spouses may represent each other in health matters for up to six months, but this does not replace permanent, comprehensive advance planning.

Step by step

Distinguish the documentsBe clear that a power of attorney, a guardianship directive and a living will serve different purposes and complement each other sensibly.
Choose a trusted personName one or more people you trust for the power of attorney.
Draw up the documents in writingWrite the living will down with treatment situations that are as specific as possible; for certain contents of a power of attorney (e.g. property transactions) notarial certification is required.
Have it entered in the advance care registerHave the power of attorney registered in the Zentrales Vorsorgeregister (Central Advance Care Register) of the Bundesnotarkammer (Federal Chamber of Notaries) so that it can be found quickly in an emergency.
Update regularlyReview and update the documents at regular intervals and after important life events.

Deadlines

up to 6 months

Time limit on the statutory spousal emergency right of representation in health matters§ 1358 Abs. 4 BGB

Watch out – common mistakes

According to case law, a living will should name specific treatment situations and measures; purely general wording such as "no life-prolonging measures" may in an emergency be regarded as invalid or insufficiently specific.
A power of attorney in private written form is not sufficient for all transactions – notarial certification is required for property transactions or taking out loans.
With no advance planning at all, the guardianship court appoints a legal guardian, and the closest relative is not necessarily chosen.

In depth · legal basis, figures and practice – for advisers and professionals

Guardianship law reform 2023

On 1 January 2023 the provisions on guardianship law in Book 4 of the BGB were reorganised. The living will has since been regulated in § 1827 BGB (previously § 1901a BGB old version); the priority of a valid power of attorney over the appointment of a guardian follows from § 1820 BGB.

Spousal emergency representation right (§ 1358 BGB)

A statutory right of representation between spouses, limited to health matters, was newly introduced: if a spouse is temporarily unable to manage their health care matters themselves due to unconsciousness or illness, the other spouse can represent them within certain limits – limited to a maximum of six months and only if no contrary will is documented or no objection is entered in the advance care register.

Legal guardianship as a fallback (§ 1814 BGB)

If there is no advance planning at all and a person can no longer manage their own affairs, the guardianship court appoints a legal guardian on request; this is always subordinate to a valid power of attorney.

Who is responsible

Betreuungsgericht (guardianship court) (only without advance planning)
Notary (certification)
Bundesnotarkammer (advance care register)
Betreuungsverein/Betreuungsbehörde (guardianship association/authority) (advice)

Quick questions

Worum geht es bei „Living will and power of attorney“?

Which deadlines and figures matter?

up to 6 months: Time limit on the statutory spousal emergency right of representation in health matters (§ 1358 Abs. 4 BGB)

What should I do first?

Distinguish the documents: Be clear that a power of attorney, a guardianship directive and a living will serve different purposes and complement each other sensibly.
Choose a trusted person: Name one or more people you trust for the power of attorney.
Draw up the documents in writing: Write the living will down with treatment situations that are as specific as possible; for certain contents of a power of attorney (e.g. property transactions) notarial certification is required.

What do I need to watch out for?

According to case law, a living will should name specific treatment situations and measures; purely general wording such as "no life-prolonging measures" may in an emergency be regarded as invalid or insufficiently specific.
A power of attorney in private written form is not sufficient for all transactions – notarial certification is required for property transactions or taking out loans.
With no advance planning at all, the guardianship court appoints a legal guardian, and the closest relative is not necessarily chosen.

Evidence

§§ 1358, 1814, 1820, 1827 BGB (gesetze-im-internet.de, version since 1.1.2023)

As of

As of: September 2026 · Sources and method

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