Living wills

A ‘living will’ is something you may have heard people talking about more and more. But what is it exactly? And should you have one yourself? Schäfer Notarissen is happy to answer these questions.

A will for use during your lifetime
In a last will, also called ‘last will and testament’ or just ‘will’, you set out what should happen to your estate following your death. In a living will, you document matters of importance to you during your lifetime, such as what you would like to happen if you can no longer make your own decisions due to illness or an accident. Basically, a living will is a detailed power of attorney executed before a civil-law notary and recording your wishes.

Document your wishes in good time
What will happen if you can no longer take care of your own interests due to sickness, dementia or an accident?

• Who will take care of you, your assets or your business?
• What are the implications from a legal point of view?
• Who will guarantee that the person caring for you is actually acting in your best interest?

The hard realities of the consequences of potential incapacity require careful thought. You never know what might happen to you. So be prepared and set out your wishes in good time.

An authorised administrator or you still in control?
If you are no longer able to make your own decisions due to dementia, a stroke or another condition, the subdistrict court can appoint an administrator, mentor or guardian to take care of things for you. Sometimes the subdistrict court will be involved in decisions – when it comes to selling your home or gifting money to your children or grandchildren, for example.