Have you ever wondered who would make decisions for you if you were unable to express your wishes tomorrow? In tragic situations, such as serious illness or incapacity, this question takes on enormous importance. The answer to this question is a living will, also known as an advance directive.
What is a living will?
A living will is a legal document through which a person expresses in advance their wishes regarding the health care and treatment they do or do not want to receive when, due to their state of health, they are unable to express this personally.
This document should not be confused with others such as a preventive power of attorney (to appoint a representative to act on your behalf in case of incapacity) or a common will.
What can be included in an Advance Directive?
This document allows you to record, among other things:
- The medical care and treatment you wish to receive.
- Your acceptance or rejection of experimental treatments or therapies.
- Decisions related to the end-of-life process.
- The disposition of your organs.
- Burial, cremation or other dispositions of your body after death.
- The appointment of one or more representatives to act as valid interlocutors with healthcare personnel.
Instructions shall not be applied if they:
- Are contrary to the legal system.
- Violate good clinical practice or medical ethics.
- Do not correspond to the actual situation envisaged by the grantor.
Who can grant a living will?
Any person over the age of 16 who has full legal capacity can grant one, regardless of their nationality. Therefore, a foreign resident can also grant an Advance Directive in Spain, by means of a written document and following the legally established procedure.
When is the Advance Directive effective?
The Directive only takes effect when the person is unable to express their wishes themselves. As long as the patient retains the capacity to decide, their wishes and the decision they make prevail.
The Advance Directive is automatically incorporated into the patient’s medical record in hospitals and public health centres in Spain through the corresponding registry, thus ensuring that healthcare personnel are aware of the instructions given when the time comes.
In the context of private healthcare, the declaration may also be taken into account, provided that the document is submitted by the patient themselves or by their representatives to the healthcare centre for inclusion in the medical record.
Can it be modified or revoked?
Of course. The Advance Directive can be modified, replaced or revoked at any time, following the same procedure as for its granting.
Anticipating situations like this and expressing your wishes in such cases is not an easy task, but it can be of great help, especially for family members and loved ones, who are freed from the responsibility of making such decisions.
At Joan Cerdá, we support our clients throughout the process to make it as simple as possible and give them peace of mind that, when the time comes, these decisions will be respected with dignity and legal certainty.