Introduction: planning in the field of health
In life, planning is synonymous with peace of mind. We insure our assets, organise our succession, and protect our loved ones. However, we often postpone one of the most important types of planning: the one that concerns our healthcare decisions in moments of maximum vulnerability. What would happen if, due to an illness or an accident, we were unable to communicate our will regarding the medical treatments we wish to receive or not receive?
To answer this question and to ensure that our personal autonomy prevails, there is a highly valuable legal tool: the Advance Healthcare Directive commonly known as a living will. In these lines, we will explore what it consists of, its specific regulation in Catalonia, and why formalising it in a public deed before a Notary is the option that offers the greatest guarantees.
What is the advance healthcare directive?
The AHD is a direct expression of the right to personal autonomy. It is a legal instrument by which an adult with full legal capacity sets out in writing their instructions regarding the medical actions that must be followed in the event that they find themselves in a situation in which they cannot decide for themselves.
As established in Article 212-3 of Book Two of the Civil Code of Catalonia, this document allows you to:
- Set instructions regarding medical treatments: You may specify what care or medical interventions you accept or reject in situations of serious illness, disability, or terminal condition, when you are no longer able to consciously express your wishes.
- Appoint a representative: You may name one or more trusted persons to act as interlocutors with the medical team and ensure that your wishes are fulfilled.
- Decide on the fate of the body: It includes provisions regarding the donation of organs for therapeutic or research purposes, as well as your wishes regarding cremation or the form of burial.
Likewise, it is possible to include in the AHD a statement by which you express your desire to invoke the right recognised by Organic Law 3/2021, of 24 March, on the regulation of euthanasia, provided that the requirements and guarantees contained in that law are met.
In essence, the AHD is your voice when you no longer have it. It is a document that brings peace of mind both to the person who grants it and to their family environment, relieving them of the burden of making difficult decisions in moments of great emotional tension.
Regulation in Catalonia: how is it formalised?
Catalonia has specific regulation that protects and details the exercise of this right, mainly through Law 21/2000, on the rights of information concerning the patient’s health. This legislation establishes the ways in which the document can be formalised, guaranteeing its validity and effectiveness.
According to its Article 8, the AHD must be in writing and may be formalised through three procedures:
- Before a Notary, by means of a public deed.
- Before three witnesses of legal age and with full legal capacity, of whom at least two must not have any family or financial relationship with the grantor.
- Before a healthcare professional in the field of primary care, hospital care, or social and healthcare services.
Once granted, the document is registered in the Register of Advance Healthcare Directives of the Department of Health, which is connected to the national register. In this way, the document is incorporated into the patients’ shared medical record, ensuring that the healthcare staff of any health centre in the country can consult it and act in accordance with the instructions deposited there.
The advantages of the public deed: why go to the Notary?
Although the law offers several alternatives, granting the Advance Healthcare Directive before a Notary in a public deed is the most advisable option, and it offers the following advantages:
- Guarantee of identity and capacity. The Notary, as a public official, has the duty to identify the grantor and, fundamentally, to issue a judgment regarding their aptitude and capacity at that moment. They ensure that the person understands the scope of their decisions and that they act freely, consciously, and without external pressure.
- Qualified and impartial legal advice. The Notary will offer you legal advice in order to:
– Clarify concepts: they will explain in detail the implications of each decision.
– Draft with precision: they will help you to formulate your wishes in such a way that there is no room for ambiguous or contradictory interpretations, avoiding the document being ineffective for being contrary to the legal system or to good clinical practice.
– Faithfully reflect your will: they will ensure that the content of the document is an exact reflection of your values and personal preferences.
- Reinforced evidentiary value. The public deed is a document with a presumption of truthfulness and legality. Its content constitutes full proof with respect to third parties, including the courts. This evidentiary strength minimises the risk of family conflicts or of the medical team doubting the validity of the instructions, providing a degree of certainty that is difficult to question.
- Guaranteed preservation and accessibility. The original document is kept indefinitely in the Notary’s protocol, which guarantees its preservation and the possibility of obtaining authentic copies at any time. In addition, the Notary themself is responsible for electronically communicating the existence of the AHD to the Register of Advance Healthcare Directives, ensuring its immediate registration and accessibility for healthcare staff. This procedure, managed by the Notary’s office, frees the client from additional formalities and speeds up the effectiveness of the document.
Conclusion: an act of responsibility
The Advance Healthcare Directive is much more than a formality; it is an act of personal responsibility and of consideration towards our loved ones. It allows us to maintain control over our most intimate preferences, freeing our loved ones from having to make difficult decisions and from an immense emotional burden, while also avoiding potential conflicts between family members.
In Catalonia, the legal framework provides the tools to exercise this right with full guarantees. Choosing the public deed before a Notary is not a mere formality, but a prudent decision to ensure that the wishes and preferences of the individual are respected and taken into account by healthcare professionals and family members in difficult situations where the person cannot communicate or make decisions for themself.
If you would like more information or to schedule an appointment without obligation, you can contact us.
Living Will in Catalonia es una expresión cada vez más buscada por quienes desean planificar sus decisiones médicas de forma anticipada. El testamento vital, también conocido como documento de voluntades anticipadas o advance healthcare directive, permite dejar por escrito qué tratamientos médicos se aceptan o rechazan en situaciones de incapacidad. En Cataluña, este documento tiene plena validez legal y puede formalizarse ante notario, ante testigos o ante personal sanitario.
La importancia del living will radica en que garantiza el respeto a la autonomía personal y evita que la familia o el equipo médico deban tomar decisiones difíciles sin conocer la voluntad del paciente. Además, el testamento vital incluye la designación de un representante sanitario, la elección sobre cuidados paliativos, indicaciones sobre soporte vital o decisiones sobre donación de órganos.
La normativa catalana, a través de la Llei 21/2000 i del Codi Civil de Catalunya, regula con detalle cómo debe redactarse y registrarse este documento. Lo habitual es acudir a un notario para otorgarlo en escritura pública, ya que la intervención notarial ofrece mayor seguridad jurídica, mayor fuerza probatoria y garantiza que el documento refleje exactamente la voluntad de la persona.
El testamento vital también se inscribe en el Registre de Voluntats Anticipades del Departament de Salut, permitiendo que cualquier profesional sanitario pueda consultar las instrucciones en caso de emergencia.
En definitiva, formalizar el living will en Cataluña es un acto de responsabilidad y de protección para uno mismo y para la familia. Permite mantener el control sobre los cuidados médicos futuros y aporta seguridad emocional y jurídica en situaciones de especial vulnerabilidad. Para muchas personas, elaborar un testamento vital significa tranquilidad, claridad y la certeza de que su voluntad será respetada cuando no puedan expresarla.
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