Applying for Wlz indication: when does long-term care apply?
This article explains when someone is entitled to a Wlz indication and how to apply for it.…
Read articleThis article discusses the importance of a living will and power of attorney for informal caregivers, including capacity to consent and the role of the notary.
As an informal caregiver, it is important to arrange matters in time for your loved one, such as your mother. A living will can help with this, so you know who can make decisions on your behalf if necessary. This article explains what a living will is, how to arrange it, and what you need to know about powers of attorney and capacity to consent.
What is the difference between a power of attorney and a living will?
A living will is a document that you create while you are still capable of making decisions. In it, you specify who can make decisions on your behalf regarding matters such as your care, medical choices, and financial affairs. You can also indicate specific wishes and limitations for the person you designate. This document is created with a notary and ensures that your wishes are respected if you are no longer able to make decisions yourself.
A power of attorney, on the other hand, is a broader concept. It gives someone the authority to act on your behalf in various situations, such as banking or legal matters. This can also be important if your parents, for example, develop dementia and you want someone to manage their banking affairs.
It is important to arrange these documents in time so that you can be sure your wishes are followed. Have you already thought about who you would like to designate in a living will?
How do you arrange a living will?
A living will is important to arrange while you are still capable of making decisions. This establishes who can make decisions for you later if you can no longer do so. This is especially relevant for informal caregivers, as it helps them know what your wishes are.
Steps to arrange a living will:
- Determine what you want to arrange: Think about your financial affairs, care, medical choices, and personal wishes.
- Choose a representative: Indicate who may act on your behalf and what they may or may not do. You can designate multiple people for different tasks.
- Consider a supervisor: This is someone who oversees to prevent misuse of the power of attorney.
- Make an appointment with the notary: Bring your notes. The notary checks whether you understand the consequences of your choices, legally documents everything, and registers it.
It is good to arrange this in time so that your informal caregiver knows what your wishes are. Have you already thought about who you want to designate as a representative?
What does capacity to consent mean and how does it affect care?
Capacity to consent means that someone is able to make decisions for themselves. This means that they can understand the information from a doctor or care provider, foresee the consequences of a decision, and come to a choice. It is important to know that capacity to consent applies to each subject individually. For example, someone may still be able to express what they want to eat but may no longer be able to decide on medical procedures.
When someone is incapacitated, an expert, usually a doctor, can assess whether that person can make a specific decision. The care provider documents for which subjects someone can no longer decide for themselves. If you notice that understanding choices is becoming increasingly difficult, it is good to think about a living will. This can help to document your loved one's wishes and ensure that there is someone who can decide if necessary.
It is also important to arrange powers of attorney, especially when it comes to banking or other important decisions. This can be particularly relevant as your parents age or if there is dementia involved.
When do you need a notary?
A notary is needed if you want to create a living will. This document specifies who can make decisions on your behalf later, for example, regarding your care and medical choices. It is important to arrange this while you are still capable of making decisions so that you can determine who represents your interests.
Here are the steps you can follow:
- Determine what you want to arrange: Think about your financial affairs, care, and personal wishes.
- Choose the individuals: Indicate who may act on your behalf and what they may or may not do. You can also designate multiple people for different tasks.
- Consider a supervisor: This can help prevent misuse of the power of attorney.
- Make an appointment with the notary: Bring your notes so you can discuss everything clearly.
- Have the notary document everything: The notary checks whether you understand the consequences and registers the living will.
Have you already thought about who you would like to designate in your living will?
How can you arrange banking affairs if your loved one is incapacitated?
If your loved one is incapacitated, there are various ways to arrange banking affairs. It is important to do this in time so that your loved one can still participate in decision-making. Here are some options:
- Bank authorization: This allows you to make payments, but you cannot make changes, such as the address. This authorization ends if your loved one can no longer decide.
- Notarial power of attorney (living will): This is necessary if you want to help even after the loss of capacity to consent. This allows you to make important decisions regarding finances.
- Management account: This is an account for people who can no longer manage their money. Often, there is also a living allowance account so that your loved one can keep a fixed amount.
If your loved one is still capable of making decisions, you can arrange certain matters with an authorization. If that is no longer possible, there are more serious measures through the sub-district court, such as protective supervision or guardianship.
Have you already thought about which option best fits your situation?
What are the steps for protective supervision, guardianship, or curatorship?
When arranging protective supervision, guardianship, or curatorship, there are several important steps to follow. This is important when your loved one is no longer able to arrange matters themselves and no prior agreements have been made, such as in a living will.
Steps for protective supervision, guardianship, or curatorship:
- Submit an application: Usually, your loved one themselves, or a partner or family member, requests the measure. This can be done by filling out the correct form for supervision, guardianship, or curatorship.
- Send the form: Send the completed form to the sub-district court (the court) in your region.
- Pay court fees: Pay the court fees for processing the application.
- Assessment by the judge: The judge assesses whether the measure is truly necessary and who is suitable as a supervisor, guardian, or curator.
It is important to act in time so that your loved one receives the appropriate support. If you need help making choices, you can contact client support.
Do you have specific questions about any of these steps?
