The new emergency or spouse representation law has been in force since the beginning of this year. But the new regulation carries risks. Read here what patient advocates advise.
Even if the so-called emergency or spouse representation law for medical questions has been in force since the beginning of the year, experts continue to advise living wills and powers of attorney. Although the new regulation was introduced on January 1st and thus applies to the 18 million marriages and registered partnerships in Germany, it is still hardly known, said Eugen Brysch, the board member of the Patient Protection Foundation in Dortmund.
Spouses and life partners can now represent each other in health crises – if, for example, the person concerned cannot consent to a certain treatment. But that only applies for a period of six months and only for medical issues, Brysch said.
The right of emergency representation is limited and also involves risks, said the patient advocate. The partner is not always aware of the specific treatment requests of the person concerned – i.e. whether and which medical treatments are desired or rejected in the specific situation.
Brysch pointed out that life-limiting measures could also be involved. In addition, those affected did not always want “to be represented exclusively by their spouse or partner,” he said.
It is still important to create living wills and powers of attorney at an early stage, emphasized the foundation board. Financial responsibilities also remained unclear. The new right of emergency representation does not include any insurance issues or banking transactions. As before, there is no way to decide on outpatient care, nursing home stays or hospital contracts without a corresponding power of attorney.
In addition: The emergency representation right is limited to six months. If the ill spouse or life partner is still not able to make decisions themselves after six months, a guardian must be appointed – unless there is a power of attorney.
