28.12.2022 Gabriele Strasser 35302

Spouses' emergency representation law: What you need to know!

If a person was no longer able to make decisions about their own health due to an accident or serious illness, this often came as a nasty surprise for their spouse or partner.

Contrary to what they often thought, life partners were not automatically entitled to make decisions for their partner. The emergency spouse representation law gives spouses and civil partners the opportunity to make decisions in emergency medical situations, for example regarding medical examinations or treatments. 

In this article you will learn

When does the emergency spouse representation law apply and what does it include?

The "Right of emergency representation between spouses in health matters" comes into force in January 2023 .

According to this regulation, spouses can represent each other in emergency medical situations even without a living will or power of attorney and take over the healthcare of their partner who is unable to make decisions. However, this right only applies for a maximum of six months. 

If the condition has not improved after this, a legal guardian can be appointed by the guardianship court. Relatives, volunteers or full-time caregivers are usually considered for this.

In which areas will spouses be able to make decisions in future?

They can make decisions about treatments and examinations as well as decisions relating to property law that are directly connected to this (e.g. concluding treatment and care contracts). 

What are the limits of the spouse's right of emergency representation?

The new regulation expressly refers only to emergencies.

For example, spouses are only authorized to act once a doctor has confirmed their partner's incapacity in writing. In addition, the right of emergency representation only applies in direct connection with health care - but not for residential matters or the care of property.

Is the right of emergency representation mandatory?

No, it does not apply if it is contrary to the wishes of the patient. It does not apply if the patient has previously authorized another person in a health care proxy or has expressed a different will.

It also does not apply to spouses who are separated. 

What is recommended for comprehensive prevention? 

The spouse's right of emergency representation can be a great relief in acute situations. However, it does not replace the tried and tested precautionary options such as a health care proxy and living will.

On the one hand, these are not limited in time, and on the other hand, they offer considerably more freedom of design because they allow very individual arrangements for a wide variety of areas. 

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