Planning for the future is not limited exclusively to the distribution of material assets or the drafting of a conventional will in front of a notary public. There is a deeply personal and often forgotten area: the right to decide about our own health, treatments and medical care at times of extreme vulnerability. Within Catalan legislation, this fundamental right materializes through the Document of Advance Wills (DVA), popularly known as a living will.

What is an Advance Intent Document (ADV)?

The living will is a formal legal document in which a person, freely, consciously and being of legal age, expresses the instructions that must be taken into account if he is in a situation where, due to circumstances of illness, accident or cognitive impairment, he is not able to express his will directly to the medical staff.

In Catalonia, this procedure is fully protected and regulated by Law 21/2000, on the patient’s health information rights and autonomy. The fundamental objective of the document is twofold: on the one hand, to guarantee the dignity of the person and respect for their religious, ethical or personal convictions; on the other hand, to relieve relatives of the burdensome responsibility of making critical and painful decisions without knowing with certainty what the patient would have wanted.

What can be included in a living will?

The content of a DVA is broad and tailored to the needs of each applicant, usually including:

• • Treatment instructions: The explicit wish not to prolong life artificially through life support techniques if suffering from an irreversible illness, or the request to administer drugs to alleviate physical pain or mental suffering (palliative care).

• • Euthanasia and aid to die: Since the approval of the corresponding regulations, the express request for the provision of aid to die can be included if the requirements of the law are met.

• • Organ donation: The determination of whether you wish to be a donor of organs and tissues for transplants or for scientific research purposes.

• • Designation of representatives: The choice of a valid interlocutor before the medical team. This figure is key, as he will be in charge of interpreting and enforcing the will of the signatory if doubts arise.

How is it done and formalized in Catalonia?

In order for the Document of Advance Wills to have full legal validity and bind the Catalan health system, it must be formalized through one of the following two ways:

1. 1. Before a notary: It is the most recommended and safest way. The notary drafts the public deed ensuring that all legal requirements are met, verifying the capacity of the applicant and customizing the clauses.

1. 1. In front of three witnesses: Requires a private document signed by the interested party and three witnesses of legal age. To avoid conflicts of interest, Catalan law requires that at least two of these witnesses are not related to the declarant up to the second degree or have patrimonial ties to the declarant.

Once signed, it is essential to register the document in the Register of Advance Wills of Catalonia. In this way, the DVA is automatically incorporated into the Shared Clinical History (HC3), ensuring that any doctor or emergency team in the Catalan territory can access it immediately in case of need.

Protect your future with ActumAdvocats in Girona

Writing a living will requires legal clarity to ensure that your directives do not give rise to ambiguities at a critical moment. At ActumAdvocats, your trusted law firm in Girona, we advise you throughout the entire process: from the personalized drafting of clauses according to current Catalan legislation to the formalization and registration process.

Don’t leave such important decisions to chance or in the hands of generic protocols. Contact our team of specialist lawyers today to arrange an appointment at our offices in Girona and we will help you protect your dignity and the peace of mind of your family.