Psychiatric will

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A psychiatric testament is a declaration of intent with which a person expresses their refusal to accept any form of compulsory psychiatric treatment, in particular placement in a closed ward of a psychiatric facility and coercive medical measures there .

The term psychiatric will goes back to the American psychiatrist Thomas Szasz and was adopted in 1993 by the German anti -psychiatry movement, for example the insane offensive in Berlin, in the German translation as a psychiatric testament .

Legal position

It is part of the self-determination of every individual, regardless of the type and stage of disease in the case of his consent inability in a living will be specified in writing to prohibit at the time when not yet imminent investigations of his health, medical treatment or medical intervention ( § 1901a , para. 1 and 3, Section 126 (1) BGB ). A legal guardian must also enforce a living will (Section 1901a, Paragraph 1, Clause 2 BGB).

The general principles of the legal system also include the fact that the general freedom of action of the individual finds its limit in the rights of third parties ( Article 2 (1) of the Basic Law). If a public-law placement according to a mental illness law with subsequent compulsory treatment is the protection of the general public, d. H. serves other citizens because someone poses a danger to third parties due to their illness, according to a ruling by the Osnabrück Regional Court of January 10, 2020, the legitimate interest of the general public to be able to enforce treatment with coercive measures if necessary, must assert itself against the individual's right to self-determination.

Web links

Individual evidence

  1. ↑ Thomas Szasz: The psychiatric testament. With instructions from attorney Hubertus Rolshoven. 1982.
  2. ↑ Lucia Pohler-Wagner: The psychiatric testament - theory and a first experience report. In: Renate Hutterer-Krisch (Hrsg.): Psychotherapy with psychotic people. Springer , Vienna 1996, pp. 844-847.
  3. ↑ Chemical gags: Patients try to protect themselves from forced treatment with psychodrugs with a "psychiatric will" Der Spiegel , June 7, 1993.
  4. ^ LG Osnabrück, decision of January 10, 2020 - 4 T 8/20 - 4 T 10/20 = NJW 2020, 1687
  5. ↑ Regional court Osnabrück rejects the effectiveness of an advance directive against compulsory treatment in certain cases Press release of LG Osnabrück 3/20 from January 15, 2020 (sexually disinhibited and aggressive behavior towards third parties).
  6. ↑ Ineffective living will regarding compulsory treatment deubner-recht.de , January 21, 2020.
  7. ↑ Bernd Schöneck: Psychiatric treatment: Living wills do not always protect against admission February 14, 2020.