
In the field of civil law, the living will is an extremely important document that allows people to express their wishes about future medical treatment. In this article, as lawyers in Barcelona and Catalonia, we will explain how to make a living will and why it is important to have one.
What is a living will?
The living will, also known as an advance directives document or advance directives, is a legal document in which a person expresses their wishes regarding the medical treatment they wish to receive or refuse in the event that they are unable to communicate for themselves in the future. This document is regulated by the legislation of each autonomous community and must be formalised in accordance with the regulations in force in Spain.
A living will may include decisions relating to:
- Acceptance or refusal of medical treatment.
- The appointment of a representative to ensure compliance with these instructions.
- Organ donation.
Thus, we emphasise that the living will focuses exclusively on medical and health care decisions. It does not include the distribution of wealth or assets, as this corresponds to a traditional will. The Living Will is designed to guide medical decisions in situations where the person is unable to express his or her will, while the distribution of assets and estate is dealt with in a separate will.
Advantages of a living will
Having a living will offers a number of advantages, both legal and personal:
- Respect for your decisions: Ensures that your wishes about medical treatment are respected, even if you are unable to express them at the time.
- Relief for loved ones: Prevent family or friends from making difficult decisions in times of emotional stress.
- Legal protection: Provides a clear legal framework for medical professionals to act in accordance with their instructions.
- Adaptation to the law: In Spain, the living will is regulated by regional laws that guarantee its validity.
What content can be included in a living will?
Although its content may vary, the living will is a personalised document that reflects the values and preferences of the grantor regarding future medical care, the following are some common elements that are often included:
It is important that the content of the living will complies with current legislation to ensure its legal validity. In Catalonia, for example, the law allows for a flexible interpretation of the wishes expressed, as long as they do not contradict fundamental legal provisions.
How to make a living will: options and procedures
There are three legally recognised ways to formalise a living will in Spain, each with its own particularities and advantages:
- Before three witnesses: This option is the most accessible and does not require notarial intervention. The witnesses must be of legal age, with full capacity to act and at least two of them must not be related to the grantor up to the second degree or have any property relationship with the grantor.
- Before a notary: This way, a guardian can be appointed to act as an interlocutor between the medical team and the patient when the patient is unable to express him/herself. It is possible to appoint a second guardian as a substitute.
- Register of the Autonomous Community: This is done with the staff of the official register of advance directives of the corresponding Autonomous Community. This option facilitates access to the document by health professionals.
Each method has its advantages, so you should consider which one best suits your personal needs and circumstances. Remember that, regardless of the method chosen, the goal is to ensure that your wishes are respected in critical medical situations.
Steps to drafting a living will
Writing a living will requires certain steps and legal requirements to be followed, and we explain how to do this below:
1. Find out about the legislation in your autonomous community
Each autonomous community has specific regulations for the preparation of living wills. For example, in order to make a living will in Catalonia, it is necessary to register it in the corresponding Register of Advance Directives.
2. Gather the necessary documentation
To start the process, make sure you have:
- Identity card.
- Written statement of your specific medical instructions.
- Photocopies of relevant documents (in case you wish to appoint a representative).
3. Write your instructions
Clearly state your wishes regarding medical treatment, organ donation and other matters relating to your health. Also include the name of the person they appoint as their representative, if applicable.
4. Formalise the document before a notary
It is advisable to go to a notary to guarantee the legal validity of the living will. Alternatively, you can also present it at the administrative centres authorised by your autonomous community.
5. Officially register your living will
Registering your living will in the Register of Advance Directives ensures that it is accessible to medical professionals when needed.
6. Inform your loved ones
Inform your relatives, trusted physicians and designated representatives of the existence of your living will and where it is located for easy reference if necessary.
Legal implications of a living will
A living will has important legal implications that affect both the rights of the signatory and the obligations of medical professionals and family members:
- Right to decide: The law guarantees your right to decide on the medical treatments you want or refuse, even if you are unable to communicate, your decisions will prevail, respecting your autonomy and dignity as a patient.
- Medical obligations: Healthcare professionals must respect the instructions contained in the living will, except in cases of illegality or contradiction with ethical or clinical standards. Otherwise, any non-compliance could result in legal liability for professionals.
- Modification or revocation: A living will is not a static document; you can modify or revoke it at any time, as long as you follow the legal procedures if you would like to update your wishes as your personal circumstances, medical conditions or beliefs change.
Frequently Asked Questions
No, making a living will is voluntary, but it is highly recommended to ensure that your wishes regarding medical treatment and health decisions are respected in all circumstances. This legal document is especially useful in situations where you are unable to communicate, giving you and your loved ones peace of mind.
Yes, you can change or revoke your living will as often as you wish, as long as you do so formally and in accordance with established legal procedures. This flexibility is important because it recognises that a person’s values and preferences may evolve over time.
To make changes to your living will, you must be sound mind. It is crucial to make sure that the most recent version is the one that is taken into account in case a situation arises where you are unable to express your will.
If you decide to update your living will, it is advisable to notify designated guardians and trusted persons who are aware of the existence of the document to ensure that your most current wishes will be respected in case of need.
It is advisable that your representative, your close relatives and your family doctor have a copy of your living will, and it is recommended that they be informed of the official registration of the document so that they can consult it if required.
In the event that you make several living wills, only the last one recorded, with the most recent date, will be legally valid. This ensures that any changes to your instructions or decisions are up to date and reflect your current wishes.
If you do not make a living will, decisions about your medical treatment in critical situations will be made by your next of kin. If no next of kin are available, the medical team will make decisions based on good clinical practice and legal regulations.
Free lawyer consultation – Lawyers specialising in Civil Law and living wills in Catalonia
Consult a lawyer and ensure the fulfilment of your rights with the support of professionals. At BUFET GÓMEZ FERRÉ, we have a team specialised in Civil Law, ready to offer you the best legal advice on how to draft, modify or register your living will in Catalonia.
Whether you need guidance on the legal steps, questions about the process or to ensure that your document complies with all applicable regulations, we will help you with whatever you need.
Contact our law firm in Barcelona for a free initial consultation. We will help you throughout the process, with the aim of looking after your interests and achieving your best interests.