[The living will declaration - expression of self-determination in health-care - and its legal validity for physicians].
Since September 1st 2009, the Living Will Declaration is regulated by law as held in §§ 1901 a - c BGB. It does not need a certain format except for being in the written form. This must be distinguished from the right to choose a certain treatment according to the medical attendant and his intention to agree to or forbid a certain treatment. The Living Will Declaration binds the physician to certain clearly specified procedures that the patient has agreed to and is valid independently from the nature of the patient's illness or its stage because the basic right for self-determination (Art. 2 Abs. 2 GG) includes the right to die. As the physician is committed to observe the patient's will, he will have to face legal consequences in terms of liability and criminal law if he disregards the Living Will Declaration.
Universität HamburgRechtsanwaltLeisner, Zehentmeier & KollegenRechtsanwälte SteuerberaterWidenmayerstr 980538 München. leisner@lz-legal.de
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D003695:Delivery of Health Care / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D016224:Living Wills / Q000331:legislation & jurisprudence*; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D026684:Personal Autonomy; D010819:Physician's Role; D010817:Physician-Patient Relations; D010820:Physicians / Q000331:legislation & jurisprudence*