Lawyer with expertise in provision law in Berlin

It is not easy to concern yourself with the topics of death or illness. The feeling of having prepared everything for yourself and your relatives is all the better.

You can get the provision package containing patient’s provision and healthcare proxy for only 199€ incl. VAT.

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The differences between healthcare proxy, patient’s provision and appointment of a legal representative for healthcare explained

Healthcare procy

With a healthcare proxy one person (delegator) authorizes another person (proxy) to handle all or specific tasks for the delegator in specific situations.

Patient’s provision

With a patient’s provision or advance directive, you write down your desire regarding whether you want or don’t want medical care if you can no longer express your wishes due to your physical or psychological condition.

Appointment of a legal representative for healthcare

The appointment of a legal representative for healthcare contains essentially a suggestion of the writer to the court of protection to appoint a specific, named person as legal representative if the writer comes into need of legal representation.

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How specific does a patient’s provision need to be?

The BGH has recently considered the interpretation of a patient’s provision again (Beschl. v. 14.11.2018, Az. XII ZB 107/18).

The case summarized in short

The patient declined life-sustaining measures in the case of “no expectation of regaining consciousness”. Whether this is specific enough to end artificial feeding was the subject of the decision. In conclusion the judges confirmed that the statement is specific enough. However, they also argued that the woman had said before witnesses that she wouldn’t want to be in a vegetative state and artificially fed. She had experienced that with relatives and wanted to avoid it for herself.

Is ending artificial feeding active euthanasia?

A clear no from the BGH. The patient declined in her patient’s provision the use of active euthanasia. The termination of artificial feeding does not, however, fall under active euthanasia. Therefore, the phrasing that active euthanasia is rejected does not lead to the conclusion that the termination of artificial feeding is unwanted.

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Did the BGH finally say how specific the wish to die has to be?

Sadly, no. The BGH has caused insecurity for many consumers through two recent decisions on the interpretation of patient’s provisions and healthcare proxies (Beschl. v. 06.07.2016, Az. XII ZB 61/16 und v. 08.02.2017, Az. XII ZB 604/15). This current decision sadly does not show a shift away from prior jurisprudence. The mere statement of not wanting “any life-sustaining measures” is, said the BGH in 2016, on its own not a specific enough care decision. In 2017 it then qualified. The phrasing of not wanting “any life-sustaining measures” is not specific enough on its own. In the context of a necessary total interpretation, it does however point towards the wish to terminate specific life-sustaining measures. Suddenly this phrasing was seen as an indication. But this indication has to be added to and underlined by witness statements regarding the patient’s will. This line was also followed by the BGH in its decision from 2018. Only if witness statements can be drawn upon to interpret the patient’s will, the termination of artificial feeding can be done.

So how should a patient’s provision be formulated?

The patient’s provision should firstly describe the situation in which the person finds themselves, e.g. “when I am in all likelihood inevitably in the immediate process of dying”. Then the omission of resuscitation or life-sustaining and life-extending measures should be decided. Then there is no need to draw on witness statements for interpretation.

Legal provisions in a German video overview

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I will gladly advise you!

Book an appointment for a free initial assessment or contact me by phone, e-mail or via my contact form:

Lawyer Christian Janssen from Berlin

Law school: at Hamburg University
Clerkship: at Kassel District Court
Licensed as lawyer via the bar association Berlin since 2015

Do I need a patient’s provision?

How much does a patient’s provision cost?

You can get all the documents needed for your situation from me. After an extensive consultation with you and possibly your relatives I write a draft that you can read on your own time, then we can discuss your questions together. Only when you’re certain that your wishes have been considered do I arrange for the saving of your document in the provision register of the federal notary association. I offer the consultation, drafting of the document and the saving for 199€.

Do I need a patient’s provision if I am married?

You should also write a patient’s provision as a spouse. The court can also appoint a legal representative for a spouse, especially if the court assumes that you are considered in a will and therefore are pursuing your own financial interests.
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Where should I store a patient’s provision?

I recommend the central provision register of the federal notary association. This is checked by the courts of care before they appoint a legal representation. Your data is stored safely there and you receive a small card that shows which documents you have registered.

Who has to sign the patient’s provision?

Your personal signature is enough. Your representative receives a separate copy for their files, so they can show their authorization to the doctor.

Does the organ donation card and the patient’s provision preclude each other?

Here there is a need for caution. Patient’s provisions commonly contain the passage that any life-sustaining measure should be omitted once brain death has been determined. This is the time where two doctors independently determined that all areas of the brain have died. For the retrieval of organs, it can however be important to extend life-sustaining measures to take out an organ. On the other hand, it can happen that an organ has to be taken out before brain death. Therefore, you should determine whether the organ donor card’s declaration regarding organ donation or your patient’s provision should take precedence.

Other areas of law

Inheritance law

I would also be happy to execute your will on your behalf. I would also be happy to advise you on gifts and the tax implications of anticipated succession.

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Social law

I would be happy to explain how you can use the costs of care to structure the transfer of your assets to the next generation.

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Tax law

I will prepare your tax return, check your tax assessment, lodge an appeal, and handle the proceedings before the tax court.

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Airbnb law

When planning to rent out an apartment or house via the Airbnb portal, there are usually tax issues to be clarified. I would be happy to assist you with this.

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