Nobody should be facing an emergency unprepared, including from a legal perspective. A sudden or age-related illness or an accident can lead to significant changes in a person’s general personal lifestyle and even cause a person to no longer be able to (legally) take care of their own affairs and have to rely on the help of others. In such situations, the next of kin or the spouse or partner cannot automatically act and decide for the person in question. It is therefore prudent to make dispositions for such cases. This will, above all, prevent situations where unrelated strangers can decide by themselves on a person’s own further well-being.

As a precautionary measure, the notary will prepare powers of attorney and other instructions tailored to the individual situation and the specific emergency. This ensures that the powers of attorney and other instructions issued will in fact be enforceable if such an emergency occurs. Notarially recorded living wills and care directives can be registered in the Central Register of Wills.

Largely, the following powers of attorney and instructions are available:

•     general power of attorney;
•     living will;
•     care directive; and
•     patient directive.

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