An advance healthcare directive, also known as a Living Will, is a document in which a person expresses, in advance, the type of health care that they do or do not wish to receive, should they not be able to express their wishes at any stage. The living will is, therefore, a unilateral document, which can be freely revocable at any time.
In practical terms, the Living Will can be used to deal with the following matters:
- To appoint a health care attorney to make decisions on behalf of the grantor;
- To indicate the health care that the grantor would like to receive; OR
- To appoint a health care attorney and also indicate the health care that the grantor would like to receive.
It is important to emphasize that in the event of a conflict between the provisions in the document and the wishes of the healthcare attorney, the wishes of the grantor as expressed in the document shall always prevail.
A Living Will can be made by both Portuguese nationals and foreigners, resident in Portugal, as long as they are of age, and mentally capable of understanding what they are signing. The National Health Service user number is also required in order to execute the Living Will.
The document itself is a form that is filled out and can be signed at a Notary, who will then certify the signature of the grantor. The form is then sent to the Health Services to be registered.
The Living Will is valid for a period of 5 years and is available to be consulted by medical practitioners. A few months before it expires, the grantor will be notified (via email and/or SMS) informing of the approaching deadline. If the individual intends to maintain the same Living Will (or create a different one), it is mandatory to repeat the process. However, in case the disability of the grantor occurs, in the course of this deadline, the living will remain in force.
The Living Will is a valuable addition to the general estate planning, and ensures that the individual’s choice of medical treatment is respected, when the same is no longer able to voice that choice.
Teresa Patrício & Associados, Sociedade de Advogados SP, RL
Lisbon: Avenida Almirante Gago Coutinho, n.º 96, 1700-031 Lisboa
Tel.: +351 217 981 030 (Lisbon)
Algarve: Urbanização da Boa Entrada, Rua Natália Correia, n.º 2, Loja A, Edifício Atlântico Plaza, 8100-724 Loulé
Tel.: +351 289 143 189 (Algarve)
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