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Living wills

In a living will, you set out your wishes should you become unable to look after your own interests. This is the case, for example, when you fall into a coma due to an accident or an illness such as Alzheimer's. If you can no longer make your own wishes known and oversee the consequences of your actions, we call this 'incapacity'.

Your own control in the event of incapacity

Retaining control when it matters

If you become incapacitated in the future without having made a living will, the legal protective measures will become effective: administration, mentorship or guardianship. A judge will then appoint a person to look after your financial and/or medical interests. This could be someone you would not have chosen yourself.

This also applies if you are living together or married. This is because your partner is not allowed to make financial decisions on your behalf if you are no longer able to do so yourself. A person appointed by the court must also seek the court’s prior approval for certain actions and periodically render account to the court. A living will generally prevents this.

In a living will, you ensure clarity on your medical wishes, financial matters and personal preferences. Our specialists will help you carefully record all the aspects that are important to you.

Flexibility for changing circumstances

A well-drafted living will not only provides security but also flexibility to respond to changing personal and legal circumstances. We will advise you on options to future-proof your living will. By drawing up a living will in good time, you ensure peace of mind – both for yourself and your loved ones. You make difficult decisions yourself, relieving the pressure on your loved ones, and avoid ambiguity in emotionally taxing situations.

 

We are happy to help!

Our specialists – Joyce van Pul (associate civil-law notary, Rosmalen branch), Charlotte van Gorp (junior civil-law notary, Maastricht branch) and Femke Veldhuijzen (associate civil-law notary, Waalre branch) – will be happy to advise you on the various options in drafting a living will in the financial, business and medical fields and will take care of coordinating all your notarial documents.