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Incapacity to Make Independent Decisions – Do the People Closest to You Know Your Plans?

If somebody no longer has the capacity to make decisions due to an accident, serious illness, or infirmity related to old age, they become dependent on the help of third parties. With an advance directive, you can ensure that all of your affairs are in order in this case.

  • Did you know? If a person no longer has the capacity to make decisions and the legal right of representation by their partner is not sufficient, the child and adult protective services (CAPA) arranges a conservatorship. In most cases, this task is undertaken by an employee or an employee of the official conservatorship or social welfare authority. This conservator represents the incapacitated person and makes all decisions on their behalf.
  • By lodging an advance directive, a conservatorship can be avoided. The advance directive sets out who can care for a person and the manner in which this is done in the event that a person becomes incapacitated. Support can comprise personal care, managing financial affairs, or both. For as long as a person is capable of making decisions, the advance directive can be amended or revoked at any time. We have compiled the important information for you in the Advance Directive (PDF) information sheet. More information on this topic can be found in our guide "Self-Determination Instead of External Determination".
  • Creating an advance directive can be challenging. You can find useful information on the wording and formal requirements in our template. However, it is important to note that using a template still requires care and attention. Depending on family and financial situations, as well as the nature of the person's own wishes, we advise consulting a trained legal practitioner.