What is an advance medical directive?

As from 1 January 2019, it has been possible to draw up an advance medical directive. An advance medical directive is a legal document whereby you can ensure that the doctors will act upon your wishes with regard to the use of treatments if one day you are no longer capable of giving the proper instructions yourself.

What is the difference between an advance medical directive and a living will?

The difference between an advance medical directive and a living will is that the living will is merely a guideline to the healthcare professionals, whereas the advance medical directive is legally binding.

 

Since 1 January 1 2019, it has only been possible to draw up an advance medical directive.

 

Living wills drawn up before 1 January 2019 are, however, still valid.

 

Who can draw up an advance medical directive?

In order to draw up an advance medical directive, you must be at least 18 years old.

 

Further, you must be capable of taking care of yourself and understand the consequences of your decision.

 

What can you decide in an advance medical directive?

An advance medical directive enables you to refuse life-extending treatment, including resuscitation in case of cardiac arrest, in the following situations:

 

  1. If you are terminal, and treatment will only extend your life but not ease the pain or contribute to a better health.
  2. If you are seriously ill or in a weakened state due to an accident or for age reasons without any chances of recovery or capability of taking care of yourself, either physically or mentally.
  3. If the doctor estimates the physical consequences of the ill-health or the treatment itself to be very serious or painful, even if you may survive the treatment.

 

In an advance medical directive, you may also decide that you do not want to receive involuntary treatment in case you are no longer capable of taking care of yourself, e.g. if you are suffering from dementia.

 

You may also decide for your nearest relatives to have the final say in deciding whether to refuse treatment.

 

The nearest relatives will only have the final say if so stated explicitly by the patient in the advance medical directive.

 

How to draw up an advance medical directive

There are two ways of drawing up an advance medical directive:

  1. On sundhed.dk by the use of NemID
  2. By filling out a form to be submitted with the Danish Health Data Authorities.

 

If you do not have an advance medical directive

If you have not registered your wishes in an advance medical directive, the doctors will generally do their utmost to keep you alive.

 

If you have any questions regarding the drafting of an advance medical directive, please feel free to contact us.