Ask a lawyer on the topic of Medical law

Mutual right in case of illness.

May 23, 2011 | 25,00 EUR | answered by Jan Wilking

My partner and I want to grant each other the right to obtain information from doctors and visit each other in case of illness, do we need to do this through a lawyer???

Jan Wilking

Dear Seeker of Advice,

I am happy to answer your inquiry taking into account the description of your situation and your input as follows:

You can mutually issue a written power of attorney for cases of illness. This can regulate that the authorized person has an unrestricted right to visit and obtain information, and that the doctors are exempt from their duty of confidentiality.

It is not mandatory to involve a lawyer or notary for this, a self-prepared power of attorney is generally valid. Ideally, it should be granted in the presence of witnesses who also sign.

However, a notarial certification naturally offers higher legal certainty and is subject to fewer doubts in practice. Especially if further powers of the authorized person in case of illness need to be regulated (such as consent for surgery, transfer to another hospital, etc.), it is advisable to invest in a notary.

I hope this has provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.

Please note that I cannot provide a conclusive advice here within the scope of an initial consultation without knowing all circumstances. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.

Best regards