Barcelona Notary Bosch Bages

Make a Living Will

Do you need to write a living will? Call now and make an appointment

We explain all the necessary information about the Living Will, what it is and what it is for.

As notaries with more than 30 years of experience, at the Bosch-Bages Notary Office in Barcelona we can offer you a service appropriate to your needs and inform you of all aspects related to this type of wills. The price of a living will is approximately €100.

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    Living Will Price

    El Living will It is a procedure that has a price of 100€ approximately when it is done at the notary's office. A rate that includes all the usual procedures related to this type of legal act.

    It is a public deed before a notary, in some autonomous communities it is required that there be witnesses at the time of formalizing the Living Will before a notary.

    What is the Living Will

    A living will, also known as a living will or advance directives will, is a legal document that allows a person to express their wishes and decisions about the medical treatment and health care they want to receive if they find themselves in a situation in which they live. who cannot make decisions for herself.

    The living will is used to express the wishes of a person regarding the medical care and treatments that they would like to receive or refuse in situations of serious illness, disability or terminal condition, when they can no longer consciously express their wishes.

    In addition, this type of will can include specific instructions on medical treatments, such as cardiopulmonary resuscitation (CPR), mechanical ventilation, dialysis, feeding, and artificial hydration, among others. It can also address organ and tissue donation, as well as the appointment of a health care agent or health care proxy to make decisions on behalf of the individual.

    This document allows the wishes and preferences of the individual to be respected and taken into account by health professionals and family members in difficult situations where the person cannot communicate or make decisions.

    Guide to preparing a Living Will

    The preparation of a living will can vary depending on the jurisdiction and the specific laws of each country. However, below are some general steps that can serve as a guide in preparing a living will:

    • Research and understanding of local laws: Before you begin drafting a living will, it is important to research and understand the specific laws and regulations of the jurisdiction in which you are located. This will help ensure that the living will meets legal requirements and is valid.
    • Reflection and consideration of personal preferences and wishes: We must take time to reflect and consider our preferences and wishes in relation to medical treatment and health care in situations of disability or serious illness. It is very useful to discuss these issues with close family members or health professionals.
    • Obtaining the Appropriate Forms or Documents: In some countries, there are specific forms provided by the health authorities or legal institutions for the preparation of a living will. These forms contain sections to indicate medical preferences and designate a health care representative.
    • Drafting of the living will: We must use the appropriate form or document to draw up the living will. You must also follow the instructions provided and make sure to clearly and accurately include your preferences and wishes in relation to medical treatment and health care. If allowed, we must also designate a health care representative or health care proxy to make decisions on our behalf.
    • Signature and notarization: The living will may need to be signed in the presence of witnesses or a notary public to make it legally valid. We must verify the specific requirements of our jurisdiction regarding signatures and notarization.
    • Distribution and storage: We should also make sure to share copies of the living will with people you trust, such as close family members, your primary care physician, and your designated health care representative. In addition, the document must be stored in a safe and accessible place, and its existence communicated to the appropriate people.

    The Bosch-Bages Notary Office in Barcelona has a team of more than 20 people who offer you the complete catalog of notarial services that any person, company or entity may require.

    Specialized and with extensive proven experience in the most complex aspects such as inheritances, wills, mortgage deeds, etc. Don't hesitate to make an appointment if you have any needs.

    Elements to include in the Living Will

    The living will in Spain includes a series of aspects related to our wishes and preferences in terms of medical treatment and health care that we wish to receive or reject in situations of disability or serious illness. Here are some items we considered including:

    • Medical treatments: Specify the medical treatments we wish to receive, such as cardiopulmonary resuscitation (CPR), mechanical ventilation, dialysis, blood transfusions, intensive care, surgeries, etc.
    • Palliative care: Indicate our preference for receiving palliative care, which focuses on pain relief and comfort, rather than aggressive curative treatments.
    • Artificial nutrition and hydration: Express our wishes regarding artificial feeding and hydration, such as the administration of food and fluids through feeding tubes or intravenous hydration.
    • organ and tissue donation: Express our willingness to be a donor of organs and tissues for transplants.
    • End of life care: Set our preferences for end-of-life care, such as a preference for receiving care at home, in hospice, or in another specific setting.
    • treatment limitations: Indicate the treatments that we prefer to reject, such as the non-administration of certain medications, surgical interventions or specific medical procedures.
    • Appointment of a health care agent: Finally designate a trusted person as our health care representative, also known as a health care proxy or contact person, who will make decisions on our behalf based on our wishes and preferences expressed in the living will.

    The importance of leaving an advance directive document

    There are several reasons why you may want to leave an advance directive document, such as a living will or similar document. Here are some of them:

    • I respect your wishes: By leaving an advance directive document, we can ensure that our wishes and preferences regarding medical care and health care are respected. This offers us the opportunity to express how we want to be treated in situations of disability or serious illness, ensuring that decisions are made in accordance with our values ​​and beliefs.
    • Autonomy and control: By setting our preferences in an advance directive document, you maintain control over decisions related to our health care, even when we can no longer express our wishes for ourselves. It allows us to exercise our autonomy and make informed decisions about the treatment and care we wish to receive.
    • Relief for your loved ones: Leaving an advance directive document eases the emotional burden and difficult decision making for our loved ones. By being clear about our preferences, our family and loved ones won't have to guess or face ethical dilemmas when making medical decisions on our behalf. The document provides them with clear guidance on our wishes, reducing the emotional burden and potential conflict between family members.
    • Facilitates medical decision making: In addition, this type of document provides guidance to the health professionals who care for you. It provides them with information about our preferences and wishes in terms of medical treatment and health care, which facilitates decision-making and helps ensure that our wishes are respected.
    • Prevention of unwanted treatments: By leaving an advance directive document, we can prevent the administration of medical treatments that are not aligned with our wishes or that we consider unnecessary or unwanted in our particular situation. This avoids receiving unwanted medical interventions or prolonged treatments that would not improve our quality of life.

    Online services of the Barcelona notary

    You can make an online consultation at the notary's office. Or if you prefer you can ask for a date for a video conference with the notary and ask your question.

    This type of online notary service is ideal when the preparation of documents is not required. Click this link: online notary to request information.

    We also offer another type of online service such as the request fast simple copies online. By filling out the form on the page you can request your simple copy electronically.

    People who can make advance directives

    The right to make advance directives or a living will is generally open to anyone who meets certain legal requirements and has the mental capacity to do so. Below is an overview of who can make advance directives:

    • Adults: In general, it is required that the person be of legal age (18 years in most countries) to be able to leave advance directives. However, in some jurisdictions, emancipated persons between the ages of 16 and 18 may be allowed to do so.
    • Mental capacity: It is important that the person who wishes to make advance directives have the mental capacity to understand the nature of their decisions and their implications. This means that they must be able to understand the relevant information, evaluate the options available and communicate their wishes in a reasonable manner.
    • freedom of coercion: The person must have the freedom to express their advance directives without being coerced or influenced by third parties. This ensures that decisions truly reflect the wishes and preferences of the individual.
    • Specific restrictions: In some cases, there may be legal restrictions or limitations on leaving advance directives. For example, in situations where a person has been declared legally incapacitated or is in legal guardianship, additional restrictions may apply or court approval may be required to leave advance directives.

    Places where the living will is made

    In Spain, the living will, known as an advance will document, can be made in different places and under different modalities, depending on the legislation of each autonomous community. The following are the main places where you can make a living will:

    • Registry of Advance Directives: In some autonomous communities of Spain, there is a Registry of Advance Directives where advance directive documents can be registered and deposited. This registry guarantees the security and accessibility of the documents, and allows health professionals and family members to be aware of their existence.
    • Health Center or Hospital: In some cases, it is possible to make the living will in a health center or hospital. There, we can request information and the necessary forms to complete the advance directive document. Some health institutions also provide advice on how to prepare the living will.
    • Notary: In some autonomous communities, it is possible to grant the living will before a notary. This guarantees the authenticity and legal validity of the document. However, we must verify if the legislation of your autonomous community allows this option and look for a notary that offers this service.
    • Online: In some autonomous communities, digital platforms have been implemented where the living will is made electronically. These platforms allow you to complete the online form and perform the electronic signature. Again, we must check if this option is available in our autonomous community and follow the established procedures.

    Aspects to take into account in this type of will

    Purpose:

    The purpose of a living will is to ensure that a person's wishes and decisions regarding their medical care and health care are respected if they are unable to express their wishes for themselves. It makes it possible to establish clear guidelines on the treatments and care that you want to receive.

    Mandatory

    It is not mandatory to make a living will in Spain. However, it is a recommended option for those who wish to record their medical and health care preferences in writing.

    Procedure

    The procedure to make a living will in Spain involves following these general steps:

    • Obtain the official form or specific document for the living will of the corresponding autonomous community.
    • Carefully read and understand the instructions and sections of the form.
    • Fill in the form, indicating your preferences and wishes in relation to health care and treatment.
    • Sign the form in the presence of witnesses or a notary public, depending on the regulations of the autonomous community.
    • Communicate the existence of the living will to trusted people, such as family members and doctors.

    Entry into force

    The living will in Spain enters into force when certain conditions established by law are met. For example, the inability to make decisions for yourself or the presence of a serious illness. Health professionals and family members must be informed about the existence of the living will so that its provisions are fulfilled at the appropriate time.

    Possibility of modifying or revoking a Living Will

    Yes, it is possible to modify or revoke a living will at any time as long as the person is capable of making decisions. This is done by drafting a new living will or by expressly revoking the previous will.

    Terms of validity

    In Spain, the living will does not have a specific expiration date. However, it is recommended that you review and update it periodically to ensure that it reflects the individual's current preferences.

    TestVital FAQ


    How do you know if a person has made a living will?:
    To verify how a person has left a will or not, it is essential to request a certificate of last wills. This document is what certifies whether a person has made a will to another person or persons, and before which notary or notary office he or she has made it.

    How is a living will granted so that it is valid?:
    1.-Before a Notary. 2.-Before three witnesses, who must sign the writing. Two of them cannot be parents, children, uncles or nephews, nor have a financial relationship with the person who makes the living will. 3.-Before the staff of the Autonomous Registry.

    When can you request a living will?:
    The advance directive or living will document can be requested at any time during adult life, as long as there is sufficient discernment to express one's own will. It has to be requested before a notary and has an approximate cost of 60 euros.

    How much does a living will cost before a notary?:
    The living will is made in a public deed before a notary (in some autonomous communities the presence of witnesses is also required) and can cost around 60 euros.

    Where is the living will deposited?:
    The living will must be registered in the Registry of Prior Instructions of your Autonomous Community, dependent on the Ministry of Health. In addition, there is a National Registry of Prior Instructions (RNIP), where all the documents sent by the regional registries are deposited.

    Where is a holographic will deposited?:
    It refers to the wills written by hand, which are deposited for safekeeping and custody in the General Directorate of the Institute of the Registry Function.


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    If you are interested in receiving more information about this notary service, request an appointment at our Barcelona notary. Our professionals will be happy to answer your questions.