Understanding Living Wills and Healthcare Directives in Portugal
In Portugal, individuals may plan in advance for situations of incapacity through a combination of advance healthcare directives and the appointment of a healthcare representative. Although the Portuguese legal system does not formally adopt the common law concept of a “Lasting Power of Attorney” in the same way as jurisdictions such as the United Kingdom, similar outcomes can be achieved through existing legal mechanisms.
Advance healthcare planning allows individuals to express their medical preferences in advance and ensure that those preferences are respected if they later become unable to communicate their wishes.
What Is a Living Will in Portugal?
Under Portuguese law, individuals may establish a Diretiva Antecipada de Vontade (DAV), commonly referred to as a living will. This document allows a person to set out in advance their wishes regarding medical treatment in situations where they are no longer capable of expressing informed consent.
The Legal Role of the DAV
Through a living will, individuals may indicate their preferences concerning various medical situations, including the refusal of life-prolonging treatments in terminal or irreversible conditions, decisions relating to artificial life support or resuscitation measures, consent to or refusal of specific medical procedures, and other instructions relevant to end-of-life care.
Registering Advance Healthcare Directives in Portugal
Advance healthcare directives may be formally registered to ensure that medical professionals can access them when necessary.
The National Register of Advance Healthcare Directives (RENTEV)
These directives may be registered in the National Register of Advance Healthcare Directives (RENTEV), which allows healthcare professionals to access the document when necessary.
Validity of Living Wills in Portugal
In Portugal, advance healthcare directives are generally valid for a period of five years, although they may be renewed at any time.
Appointing a Healthcare Representative in Portugal
In addition to setting out medical instructions, Portuguese law also allows individuals to appoint a healthcare representative, sometimes referred to as a healthcare proxy.
This person is authorised to communicate with healthcare professionals and make medical decisions on behalf of the individual if they become incapable of doing so.
Responsibilities of a Healthcare Representative
The healthcare representative is expected to ensure that the instructions contained in the living will are respected. They may interpret the patient’s wishes where the directive does not provide a specific answer and act in the best interests of the patient while respecting their autonomy.
In practice, this mechanism functions in a manner similar to a lasting power of attorney for healthcare decisions in other legal systems.
How Living Wills and Healthcare Representatives Work Together
The living will and the appointment of a healthcare representative are therefore complementary instruments.
The living will provides written guidance on medical treatment, while the healthcare representative offers practical judgment and representation in situations that may not have been anticipated in the document.
Together, these tools allow individuals to retain a degree of control over healthcare decisions and ensure that their preferences are respected even if they lose the ability to communicate.
Healthcare Planning for Residents and International Individuals in Portugal
For residents and international individuals living in Portugal, establishing advance healthcare directives and appointing a healthcare representative can provide clarity and reassurance to both family members and medical professionals.
Proper legal advice may help ensure that these arrangements are structured in accordance with Portuguese law and coordinated with other estate planning instruments.
Planning Ahead for Medical Decisions in Portugal
In this way, Portuguese law offers effective mechanisms that perform a role similar to lasting powers of attorney for healthcare, enabling individuals to plan responsibly for future medical decisions.