Can I get the legal costs for creating a living will reimbursed by the care insurance?
May 3, 2023 | 60,00 EUR | answered by Ralf Hausdorf
Dear lawyer,
I hope you can help me with my concern. My name is Ulrike Eckstein and I recently had an advance directive created to be prepared for any eventuality. Now I am wondering if I can get the costs for the creation of this directive reimbursed by my long-term care insurance.
The background is that due to my health situation, I may possibly need long-term care services in the foreseeable future. Therefore, it was important for me to create an advance directive to ensure that my wishes and preferences are taken into account in case of a serious illness or accident.
The legal fees for creating the advance directive were a financial burden for me as a retiree, so it would be very helpful for me if I could get these costs reimbursed by my long-term care insurance. I have already done some research, but I could not find a clear answer to my question.
So my specific question to you is: Is it possible to get the legal fees for creating an advance directive reimbursed by my long-term care insurance? If not, are there alternative ways to cover the costs of creating the directive?
I hope you can assist me with this issue and look forward to your support.
Sincerely,
Ulrike Eckstein
Dear Mrs. Eckstein,
Thank you for your inquiry regarding the reimbursement of legal fees for the preparation of an advance directive by your health insurance. I understand that this is a financial burden for you as a pensioner and it is important to explore possible options for cost coverage.
In general, it is possible for the costs of preparing an advance directive to be reimbursed by the health insurance. However, this is not universally regulated and depends on various factors. Typically, reimbursement is possible if the advance directive was prepared in the context of a power of attorney or guardianship directive and therefore has a direct connection to the need for care.
It is important to note that reimbursement of legal fees usually needs to be requested from the health insurance in advance. For this, you should submit all relevant documents, such as the lawyer's invoice and a copy of the advance directive. The health insurance will then review the application and decide on the reimbursement.
If the health insurance does not reimburse the costs of preparing the advance directive, there are alternative ways to cover the costs. One option would be to apply for legal aid or advice assistance at the competent district court if you are not financially able to bear the legal fees yourself.
It is advisable to inquire about possible cost coverage by the health insurance before engaging a lawyer for the preparation of an advance directive and to clarify this in advance if necessary. If you have any further questions or need assistance, I am happy to help.
I hope that my response was helpful to you and I am available for any further questions.
Sincerely,
Ralf Hausdorf
Attorney specializing in fee law
