According to the law, no interventions of any kind may be carried out on your body against your express will. However, for simple and generally harmless procedures (e.g. blood sampling), the patient's consent is presumed. For more extensive procedures or procedures involving increased risks, however, the patient's express consent is required - after the patient has been informed. For this purpose, the doctor may ask you to sign an authorisation form
Power of attorney for this purpose. In principle, it is assumed that you have come to the hospital to have the procedure agreed with the doctor. You are therefore free to decide whether you wish to have a particular procedure performed on yourself. In the same sense, you can also request that your life is not artificially preserved or prolonged in a hopeless situation. In this case, it is advisable to draw up a so-called patient's will (living will) at an early stage. If you only wish to draw one up in hospital, your doctor or carer will be happy to help you if you wish.
The new Adult Protection Act came into force on 1 January 2013. According to this law, you can record in a living will which medical measures you agree or disagree with in the event of your incapacity to judge. This living will is generally binding for doctors and nursing staff unless there is doubt that it corresponds to your wishes or it contravenes legal regulations.
In the living will, you can also designate a natural person to represent you in medical decisions in the event of incapacity of judgement. If you do not have a living will and have not designated a person to make decisions on your behalf, your relatives (spouse, descendants, etc.) will act as your legal representatives. They must then make decisions in accordance with your presumed wishes and interests.
In the absence of both a living will and a person authorised to represent you, the adult protection authority will set up a proxy guardianship. In urgent cases, the doctor decides - also in accordance with your presumed wishes and interests.
The right to self-determination and information may be restricted or even cancelled if immediate action is necessary (e.g. life-saving measures). If, during an operation, it becomes unforeseeable that it is urgently necessary to extend the operation beyond what has been discussed with the patient, the doctor is authorised to do so if interrupting the operation would involve considerable risks. In such a case, the doctor must base his/her decision solely on the interests of the patient and his/her presumed wishes.