How to make a biological will (Italian Law)

With the Italian law 219/2017 the biological will was introduced in our system.

It is an institution under which people can give indications about health treatments to be received or refused in cases where they are in conditions of incapacity.

Soon everyone can then express their own indications regarding the acceptance or refusal of diagnostic tests, therapeutic choices and individual health treatments.

Main condition is that the settler is of age over 18 and able to understand and want.

Soon everyone can then express their own indications regarding the acceptance or refusal of diagnostic tests, therapeutic choices and individual health treatments.

Main condition is that the settler is of age and able to understand and want.

The DAT (Advance Provisions of Treatment) must be drawn up by public deed or by certified private deed or by private deed delivered personally by the settlor at the civil registry office of the municipality where he resides, who records in a special register, where established , or at health facilities.

The DAT are exempt from the registration obligation, stamp duty and any other tax, tax, duty and tax.

It is also foreseen that if the patient's physical condition does not allow it, the DAT can be expressed through videorecording or devices that allow the person with disability to communicate.

The interested party also indicates a person of his / her trust (c.d. fiduciary), who takes his place and represents it in the relations with the doctor and with the health structures.

The trustee must be an adult and capable of understanding and wanting. The acceptance of the appointment by the trustee takes place through the signing of the DAT or by a subsequent act, which is attached to the DAT. A copy of the DAT is issued to the trustee. The trustee may renounce the appointment by written act, which is communicated to the settlor.

The appointment of the trustee may be revoked by the settlor at any time, in the same way as for appointment and without obligation to state reasons.

In the event that the DAT does not contain an indication of the trustee or he has renounced it or has died or has become incapacitated, the DATs remain effective with regard to the will of the settlor. In case of need, the tutelary judge provides for the appointment of a support administrator.

The doctor is obliged to respect the DAT, which can be disregarded, in whole or in part, by the doctor himself, in agreement with the trustee, if they appear clearly incongruous or not corresponding to the patient's current clinical condition or there are unpredictable therapies at the time of subscription, able to offer concrete possibilities for improvement of living conditions.

With the same forms they are renewable, modifiable and revocable at any time. In cases where reasons of emergency and urgency prevented the withdrawal of the DAT with the forms provided by previous periods, these can be revoked by verbal declaration collected or videotaped by a doctor, with the assistance of two witnesses.