Living Will

Imagine this: you're involved in an accident or you suddenly become seriously ill. You can't make decisions about your money, your home, or your medical treatment anymore. Who takes over? And more importantly: does that person know what you would want?

A living will ensures that your wishes are documented, even when you can no longer express them yourself. Yet a large number of people still don't have one. Often because the subject feels uncomfortable, or simply because people don't know where to start.

In this guide, you'll read exactly what a living will is, why it's so important, what it includes, and how to set one up step by step. No complicated legal language, just clear information you can use right away.

What exactly is a living will?

A living will is a legal document in which you record who may act on your behalf if you're (temporarily) unable to do so yourself. Think of situations like dementia, a coma, a serious accident, or a mental health condition that leaves you lacking mental capacity. That last term means you're no longer able to make well-considered decisions on your own.

The key difference from a regular will is when it takes effect. A standard will only comes into play after your death. A living will works during your lifetime, at the moment you can no longer make decisions yourself.

Without a living will, your partner, child, or other family member has to go to court to apply for guardianship or conservatorship. That costs time, money, and energy, exactly at a moment when your loved ones already have enough on their plate. On top of that, the court decides who gets to act, and that's not always the person you would choose.

Practical tip: A living will isn't just for older people. Anyone over eighteen can lose mental capacity due to an accident or illness. The sooner you arrange it, the fewer worries for later.

What does a living will include?

A living will typically consists of two main parts: a financial section and a medical section. You can choose to include both, or just one of the two.

The financial section

In this part, you appoint an attorney-in-fact. That's the person who may handle your financial affairs if you can no longer do so yourself. Think of paying bills, managing your bank accounts, handling tax returns, and if necessary, selling your property. You can specify exactly how far that authority extends. Can your attorney-in-fact decide everything, or only specific things?

The medical section

In this part, you record who may make medical decisions on your behalf. That can be the same person as your financial attorney-in-fact, but it doesn't have to be. You can also indicate whether or not you want resuscitation, how you feel about end-of-life decisions, and what your wishes are regarding organ donation. This section is sometimes also referred to as an "advance directive" or "healthcare proxy" when it specifically covers those topics.

Additional wishes

Beyond that, you can also record other matters in a living will. For example, who takes care of your pets, how your business should continue, or what role your attorney-in-fact plays in raising your minor children in combination with a guardianship arrangement.

Practical tip: Make a list of all your bank accounts, insurance policies, subscriptions, and login details. Keep this in a safe place and let your attorney-in-fact know where it is. That way, they can act quickly when needed.

Why is a living will so important?

The most important reason is actually quite simple: you keep control. You decide who may speak for you and what that person can and cannot do. Without a living will, all sorts of things can go wrong.

A common example: a partner who has no access to the joint bank account because the bank freezes it after a notification of incapacity. Or children who disagree about the medical treatment of their parent. These kinds of situations cause enormous stress and sometimes even family disputes, precisely at the moments when you need each other the most.

With a living will, you prevent these situations. Your loved ones know exactly what you want and who makes the decisions. That brings peace of mind, not just for you, but also for the people around you.

On top of that, applying for court-appointed guardianship can take months. In the meantime, your financial affairs are at a standstill. Bills go unpaid, the mortgage continues, and nobody can intervene. A living will prevents that deadlock.

Practical tip: Discuss your living will with the people named in it. There's little point if your attorney-in-fact doesn't know they have that role, or doesn't know where the document is kept.

How do you set up a living will?

Drawing up a living will is done through a solicitor or notary. This is required: only a legally certified living will is valid. You can't simply draft and sign it at home.

Step 1: Think about your wishes

Before visiting the solicitor, it's wise to think about a few important questions beforehand. Who do you want as your attorney-in-fact for financial matters? Who may make medical decisions? What are your wishes regarding end of life? Do you want one or two attorneys-in-fact? And would you also like to appoint a backup, in case your first choice is unable to act?

Step 2: Make an appointment with a solicitor

The solicitor discusses your wishes and records everything in a legally sound manner. A thorough consultation usually takes between 30 and 60 minutes. The solicitor can also point out things you may not have considered yourself.

Step 3: Signing and registration

After drafting, you sign the living will at the solicitor's office. The document is then registered in a central register. This allows doctors, banks, and other relevant parties to verify whether a living will exists.

Step 4: Inform your loved ones

Let your attorney(s)-in-fact know that the living will exists and where the original is kept. The solicitor always keeps a copy, but it's helpful if your attorney-in-fact also has one.

Practical tip: When making the appointment, ask whether the solicitor has a standard questionnaire you can fill in beforehand. Many firms offer this, and it makes the consultation much more efficient.

What does a living will cost?

The costs for a living will vary per solicitor. Generally, you can expect a fee between €300 and €800, depending on how comprehensive the document is. A living will with only a financial section is cheaper than a document that includes both financial and medical matters along with additional wishes.

Some solicitors offer a package deal if you have other documents drawn up at the same time, such as a regular will or cohabitation agreement. It's worth requesting quotes from several firms, as the price differences can be significant.

What many people don't realise: the cost of a living will is nothing compared to the cost of a court-appointed guardianship procedure. That process can easily exceed a thousand euros, plus annual fees for the appointed guardian. From that perspective, a living will is actually a relatively small investment.

Practical tip: Ask your solicitor whether you can combine the living will with drafting or reviewing your regular will. That often saves a separate consultation and brings down the total cost.

Conclusion: arrange it now, and it's done

A living will is one of those things you hope will never be needed, but you'll be incredibly glad to have when it matters. It gives you the certainty that your wishes will be followed and that your loved ones won't be faced with impossible choices.

Arranging one takes an afternoon and a visit to the solicitor. That's a small effort for the peace of mind it provides, both for you and for the people you care about most.

Start thinking about your wishes today. Write down who you'd want as your attorney-in-fact, what your financial and medical wishes are, and make an appointment with a solicitor. And while you're taking care of important matters: have you thought about your funeral wishes yet? Compare funeral insurance plans here and make sure that's taken care of too.