HornungDie psychiatrische Patientenverfügung im Betreuungsrecht

How can mentally ill persons make use of an advance healthcare directive? This book offers solutions for legal uncertainties regarding the use and the implementation of psychiatric advance directives under German law. It provides advice for lawyers, doctors, custodians and those affected. The book analyses the interaction of advance directives and the German civil law on custodianship, involuntary commitment and coercive medical treatment as well as the corresponding procedural law.

The focus lies on the conflict that arises when a person, who is currently unable to give informed consent due to his mental illness, rejects treatment demanded by or requests treatment prohibited by his own advance directive. The book illustrates the possible legal use of the so-called “Ulysses Contract” – a legal agreement designed to override a present request by a person who is not able to give informed consent due to his illness.