How can I enforce my right to advance directive?
June 23, 2022 | 55,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
My name is Erwin Voigt and I have an important question regarding my advance directive. Some time ago, I created an advance directive in which my medical wishes and preferences are recorded in case I am no longer able to make decisions for myself. I filled out this directive carefully and conscientiously to ensure that my wishes are respected and carried out.
However, I recently found out that my advance directive may not be sufficiently taken into account when it is needed. I am concerned that in a serious situation, my medical wishes may not be respected and I may be treated against my will.
Therefore, I would like to know from you how I can enforce my right to an advance directive. Are there specific legal steps I can take to ensure that my advance directive is followed in a serious situation? How can I ensure that my medical wishes are respected and no actions are taken against my will?
I thank you in advance for your support and advice on this matter.
Yours sincerely,
Erwin Voigt
Dear Mr. Voigt,
Thank you for your inquiry regarding your living will. It is understandable that you are concerned about whether your medical wishes will be respected in case of emergency. A living will is an important document that captures your wishes and preferences in the event that you are unable to make decisions. It is therefore crucial that your living will is actually respected in case of emergency.
To ensure that your medical wishes are respected and no actions are taken against your will, there are some legal steps you can take. First and foremost, it is important that your living will is correctly and clearly formulated. You should ensure that your wishes are clearly and understandably expressed to avoid any misunderstandings.
It may also be helpful to regularly review and, if necessary, update your living will. Your medical wishes may change over time, so it is important that your living will is always up to date and reflects your current preferences.
Furthermore, you can appoint a trusted person who will ensure that your living will is respected in case of emergency. This person can communicate with the treating doctors and nursing staff to ensure that your wishes are respected.
If there are still issues and your living will is not being followed, you can take legal action. You can contact a medical law attorney like myself, who can help you enforce your right to a living will. Together, we can assess whether your living will is legally binding and what measures can be taken to ensure that your wishes are respected.
I hope that this information has been helpful to you. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Jenny Richter, Medical Law Attorney
