Drafting Your Living Will
Introduction to Living Wills
Planning for the Unexpected
A regular will outlines what happens to your assets after you die. But what about decisions that need to be made while you're still alive, but unable to speak for yourself? This is where a living will comes in.
levenstestament
noun
A legal document in the Netherlands that details your wishes regarding financial, medical, and personal matters for a time when you are no longer mentally capable of making those decisions yourself.
Think of it as a set of instructions for your future self. It empowers someone you trust to manage your affairs and make crucial decisions on your behalf, strictly following the guidelines you've laid out. This document only takes effect during your lifetime, if and when you lose the capacity to decide things for yourself.
Why It Matters
Creating a living will provides immense clarity and peace of mind, both for you and for your loved ones. You ensure that your preferences are known and respected, from how your finances are managed to what medical treatments you do or do not want.
For your family, it removes the burden of making incredibly difficult decisions during an already stressful time. Instead of guessing what you would have wanted, they have a clear roadmap to follow. This can prevent disagreements among family members and relieve them of a heavy emotional weight.
Without a living will, your loved ones may have to make important health care decisions for you in a crisis without knowing your preferences, or they may disagree over what they think you would want.
When Is a Living Will Used?
A living will only becomes active when you are no longer considered mentally competent, or 'wilsbekwaam'. This isn't a gray area; a doctor, often a specialist, must formally determine that you can no longer understand information, weigh the consequences of a decision, and communicate your choice.
It’s a safeguard for specific, serious situations.
| When It Applies | When It Doesn't Apply |
|---|---|
| Severe dementia, like Alzheimer's disease. | Mild, early-stage memory loss. |
| Being in a coma after an accident. | Recovering from routine surgery. |
| A debilitating stroke that impairs cognitive function. | Any time you are mentally clear and can communicate. |
As long as you are able to make and communicate your own decisions, you remain in full control. The living will is simply a plan held in reserve for a future possibility.
