Health Politics Country 2026-03-22T23:20:12+00:00

The Right to Advance Directives in Health Matters

An article on the importance of advance directives in healthcare. The author, a medical law expert, explains how every citizen can legally record their wishes for when they cannot make decisions for themselves, and why this is essential for respecting patient autonomy.


The Right to Advance Directives in Health Matters

It is important to put in writing what should be done when we cannot make decisions about our own health. Few people know they have the opportunity to make clinical decisions in advance. Some people say: 'Don't let them fill me with tubes,' 'I want my organs to be donated,' 'I want them to do everything to keep me alive,' among other phrases that, for some, may be a joke, but are actually the patient's wishes, their advance directives. It is so important to pay attention to these phrases, since usually when patients are in a critical condition, family members or close ones try to remember what the patient's wishes were. Some honor them, even if they were not formalized in any document; and others simply apply their own will, which is not necessarily the patient's will. That is why, in these brief lines, I wish to inform you that all of us have the right to express our advance directives. It is not necessary that we have a diagnosis, be in a terminal stage, or be facing an irreversible condition. The only thing we need is a clear will to make the decisions we wish to be respected when we do not have the capacity to decide. In this sense, Law 68/2003 provides that we can do this in two ways: through a public deed before a notary or through a simple paper with the signature of three witnesses who are not relatives or do not have property relationships. It is essential that the decisions reflecting our advance directives are not contrary to the law, morality, good customs, or scientific evidence; and that we appoint a legal representative, who will be the person in charge of presenting the document to health institutions, ensuring the faithful fulfillment of our decisions, and representing us during our care processes. The person we designate as legal representative will have full authority to represent us, and their decision will be valid, even if it is contrary to the opinion of our family members. This designation is one of the highest expressions of the autonomy that patients enjoy. Having said this, I invite you to reflect on this issue and take action to prevent our loved ones from being exposed to difficult decisions without knowing what our true wishes are.