VU researcher of ‘Levenstestament’ sheds light on societal dynamics

The ‘levenstestament’ is on the rise as a legal document enabling adults to appoint a representative and record their wishes for when they are no longer able to make decisions, for example due to old age. VU researcher Rieneke Stelma-Roorda, has concluded in a recent study that more “legal safeguards” are needed to ensure that people are adequately protected against abuse or mismanagement by the representative. Another problem with the levenstestament is that it is a snapshot. “Values, wishes and preferences can change over time,” says Stelma-Roorda.

About the ‘levenstestament’

The ‘levenstestament’, which has existed since 2010, is a legal document enabling adults to appoint a representative and record their wishes for when they are no longer able to make decisions for themselves, for example due to an accident/ old age/ illness, such as Alzheimer’s. Notaries have been executing the deeds of more and more ‘levenstestamenten’ for years. A total of around 1.5 million ‘levenstestamenten’ have now been signed in the Netherlands.

Risks of mismanagement

Unlike a regular will, with a ‘levenstestament’ a person records who will be in charge of their medical care or finances if they are no longer able to do so themselves. However, to date there is no specific legal regulation for the ‘levenstestament’. The question is whether there are sufficient guarantees to protect those who are faced with incapacity against the risk of (financial) abuse or mismanagement by their representative.

Societal dynamics

According to a recent PhD study by Rieneke Stelma-Roorda, more “legal safeguards” are needed to ensure that people are adequately protected against abuse or mismanagement by the representative. Furthermore, problems with the acceptance of the ‘levenstestament’ by banks, for example, frequently occur, as do conflicts between family members.

Another problem with the living will is that it is a snapshot. “However, life itself is dynamic. Values, wishes and preferences can change over time,” says Stelma-Roorda. “Drawing up a ‘levenstestament’ should therefore not be a one-off act, but the beginning of a process in which the adult makes provisions for a future period of incapacity.”