The Register of Advance Directives is where a living will is recorded. Each Autonomous Community in Spain has its own legislation regarding the Advance Directive Document (DVA), so it is advisable to obtain information specific to your region before drafting it.
What Information Can a Living Will Contain?
The minimum required content for a valid living will varies across different Autonomous Communities. However, it typically includes:
- Expression of Life Goals and Personal Values: Outlining goals and values related to the end of life or any situation involving severe physical or mental limitations.
- Instructions and Limits on Medical Care and Treatments: Specifying desired medical care and treatments.
- Appointment of Representatives: Designating one or more representatives.
- Posthumous Wishes: Indicating wishes regarding organ donation, burial, or cremation, among other things.
The content of a living will must not contravene legal regulations or good clinical practices.
How to Formalize a Living Will
There are several ways to formalize a living will:
- Public Deed Before a Notary: Formalizing the document through a notary.
- Declaration Before Three Witnesses: Making a declaration in the presence of three witnesses.
The witnesses must be adults with full legal capacity, and at least two of them should not be related to the person writing the advance directives by marriage, domestic partnership, family ties (up to the second degree), or any patrimonial relationship.
Designating a Representative
The representative is the person designated to act as an intermediary with the responsible doctor or medical team.
Key Considerations:
- Multiple Representatives: More than one person can be designated, which can be useful if the primary representative is unavailable.
- Discussion with Representative: It is advisable to discuss the living will with the representative to ensure they correctly convey your wishes if necessary.
- Family Awareness: The family should be aware of the representative, especially if it is a friend or another person, to avoid future conflicts.
Who Can Be a Representative?
Any legally competent person can serve as a representative, except for:
- The notary who signs the document.
- The public official or employee responsible for the Register of Advance Directives.
- The witnesses present at the signing of the document.
- The healthcare personnel who will implement the advance directives.
- Anyone with a contractual relationship with the interested person.
Effectiveness and Modification of the Document
The Advance Directive Document (living will) is used only if the person cannot freely express their will. It can be modified, replaced, or annulled at any time.
Registering the Document
Once drafted, the document should be registered to be available to the medical center and its professionals. If signed before a notary, they will handle the registration. If signed before witnesses, the interested party, any witness, or a representative can register it.
Not Registering the Document: In this case, it is crucial to provide a copy to the responsible doctor or medical center to include it in the medical record, as well as to the representatives and family.
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