Advance directives
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The Advance Directive Document is the document through which a person of legal age or an emancipated minor, with sufficient legal capacity and freely, expresses his or her will when he or she is in a situation in which the circumstances do not allow him or her to express them. regarding:

  • Instructions on medical actions that affect you.
  • The decision regarding the donation of your organs for therapeutic, teaching or research purposes. In this case, authorization will not be required for the extraction or use of the donated organs.
  • The request to provide euthanasia in a situation in which the circumstances do not allow him to freely express his will .

The document can be formalized in three ways:

  1. By public deed before a notary.
  2. In writing before two witnesses in any SAIP.
  3. Telematically.

Registration in the Registry of the Advance Will Document (living will). 

The witnesses will be people of legal age, with full capacity to act, of whom at least one will not have a relationship with the grantor by reason of marriage, de facto partnership, kinship up to the second degree of consanguinity or affinity or relationship. any patrimonial.

The figure of the representative designated by the grantor will act as a valid interlocutor before the healthcare team, and his designation is not mandatory. In any case, the representative cannot act as a witness.

The Advance Wills Document, once completed, may be registered in the Registry of Advance Wills of the Valencian Community. To do this, a copy of the DNI of the witnesses and the representative, if any, and of the grantor, as well as their SIP card details, will be attached.

As long as the grantor retains his capacity, according to the provisions of article 6 of Decree 180/2021, of November 5, of the Consell de la Generalitat, his freedom of action and the possibility of expressing his will prevails over the instructions contained in the Advance Directives Document for any clinical action.

When necessary, all medical personnel responsible for the person’s care, in accordance with the provisions of article 12 of Decree 180/2021, of November 5, of the Consell de la Generalitat, may consult the Registry of Wills Advance Directives of the Valencian Community, obtaining, if it exists, the Advance Directive Document, and if necessary, a printed copy will be made for clarification with relatives or family.

The Advance Directive Document will produce full effects by itself and must be respected by the health services and by all health personnel who have any relationship with its author.

In the event that a physician’s conscientious objection arises in compliance with the Advance Directive Document, the health entity responsible for providing healthcare will provide sufficient resources to attend to the advance directive of the people in the admitted cases. by the legal system.

Advance directives that incorporate provisions contrary to the legal system or good clinical practice, or that do not correspond exactly to the factual assumption that the subject has foreseen at the time of issuing them, cannot be taken into account. In these cases, there will be a reasoned record of this in the person’s medical history.

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