A Living Will or Vital Will, also known as an Advance Directive of Will, is a document in which someone states his/hers wishes about receiving medical care in a situation of inability to make or communicate decisions, allowing also for the appointment of a proxy and of one or more chosen healthcare providers.
Who can have a Living Will?
The Living Will can be made by any Portuguese or foreign citizen, of legal age, in full use of mental faculties, residing in Portugal and registered with the National Health Service.
How does the Living Will work?
After the Living Will form has been filled out, it needs to be signed in person at any of the 120 RENTEV (National Registry of Living Wills) desks in Portugal. It can also be sent by registered post with acknowledgement of receipt, as long as the signature has been witnessed by a Notary or Lawyer.
The Living Will is available online and in the case of an emergency it can be accessed by healthcare professionals. Each time someone accesses the Living Will, a notification will be sent through email and/or SMS.
Which decisions can the Living Will cover?
The Living Will can include instructions on life support, futile treatment to delay the natural process of death, palliative care, or clinic trials. However, the Living Will cannot be used to pursue assisted suicide.
What is the expiry of a living will?
The Living Will is valid for 5 years as of the date of activation. When reaching the expiry date, a notification will be sent, and the process will then need to be repeated.
Can the Living Will be ended before expiry?
The Living Will can be modified or freely revoked at any time. In the case of a change, the 5-year period will restart.
For further information or for assistance with drafting of wills and with estate planning, please contact us at geral@sbpslegal.com.