by smalegalgroup

Any person in full use of his or her mental capacity, at anytime may state advanced directives in a free and informed manner to decide or not about the application of medical treatment in case of having a terminal disease. This is done through an advanced directives document that is signed before a Notary Public, through this document the directives to reject medical treatments to prolong life in the case of being terminally ill, are stated in a free, conscious and informed manner.

The advanced directives document must contain the following formalities and requiriments:

  1. The expression of directives in a personal, free, conscious, and informed manner before the Notary.
  2. Be stated by writing.
  3. Be signed by the petitioner by writing his or her name and signature in the document,
  4. The naming of a representative that supervises the fulfillment of the advanced directives document in the terms and circumstances described within.

The ones who may be advanced directives representatives are persons eighteen years and older who have full mental capacity.

When the petitioner of the advance directives document ignores the spanish language, the representative must appoint an interpreter, who will attend the act and translate to the spanish language the directives of the petitioner.

The translation will be transcribed as an advance directives document, and both documents will be signed by the petitioner, the representative, the interpreter, and the Notary Public, integrating the documents (the one in original language and the translation) as one document. For such effects, the interpreter will explain to the petitioner about the terms and conditions in which the document will be signed.

The petitioner will express in a clear and final way his advanced directives to the Notary who will then elaborate the advanced directives document, abiding strictly to the directives of the petitioner.

Before signing the advanced directives document, the Notary Public will read out loud said document, so that the petitioner agrees and confirms that it is his will which is properly stated in the document.

The petitioner will attend to the act accompanied by he whom he named as a representative for the effect that it is stated in the document that the representative accepts said post.

The petitioner, the Notary, the representative, and the interpreter will sign the advanced directives document stating the place, year, month, day, and hour in which it is granted.

Regarding the fulfillment of what is established in the advanced directives document, the petitioner, or in its case, the representative must request to the health institution in charge to register in their files that said document exists, and that the treatment that is to be given to the terminally ill, is done according to what the document says.

The personnel at the health institution must follow what is stated in the advanced directives document.