Living will. Do these words sound familiar? The existence of a living will is a way to safeguard your future in the event of illness. 

Learn all about living wills in this article from Advogados em Braga. 

Testamentos são documentos legais que detalham como uma pessoa deseja que seus bens sejam distribuídos após sua morte. Neles, a pessoa (o testador) nomeia herdeiros e especifica quais bens cada um receberá. Testamentos também podem incluir disposições sobre cuidados com filhos menores, nomeação de um executor para administrar o espólio e até mesmo preferências de funeral.

A will is a legal document in which a person specifies who they want their possessions to be distributed to after their death. 

Que tipos de testamentos existem?

In Portugal, two types of wills are noteworthy: the public will and the closed will.

In the case of public wills, these are made at a notary's office, whereas closed wills are written and only then delivered to a notary's office. The latter option is the most common. 

1. Public Will

Done before a notary who draws up the will according to the testator's wishes.

• It is filed with the notary services, making it more difficult to contest.
• Guarantee of safety and legal validity.
• It can be done by anyone over 18 years of age, in full possession of their mental faculties.

2. Closed (or Secret) Will

Written by the testator themselves or by a third party, but without the notary being aware of the content.

• Deliver to the notary, sealed and stamped, in the presence of witnesses.
• It is only opened after the death of the testator.
• It allows for greater privacy but can be more susceptible to being invalidated due to formal defects.

3. International Will

Recognised by international convention (Washington Convention, 1973).

• It can be used by foreign citizens residing in Portugal or Portuguese nationals with assets in other countries.
• Drafted and declared before a qualified authority (usually a notary), with two witnesses.
• It facilitates the international succession of assets.

4. Living Will (or Advance Decision))

Document not related to inheritance, but rather with end-of-life medical decisions.

• Allows anyone to state in advance the healthcare they accept or refuse, in case they become unable to express their wishes.
• You can include the appointment of a healthcare proxy.
• Registered with RENTEV – National Register of Living Wills.

O que é o Testamento Vital?

A living will, also known as an Advance Directive, is a legal document where a person declares what healthcare they would prefer to receive in the future, should they become unable to make decisions. 

O Testamento Vital serve para expressar os seus desejos sobre os cuidados de saúde que deseja receber ou recusar no futuro, caso se encontre numa situação onde não possa comunicar essas decisões.

A living will is a way for someone to ensure their healthcare wishes are respected, and to prepare for situations where they may be unable to make conscious decisions. In summary, a living will allows for the following conditions:

• Make the person declare their long-term health preferences.;
• Ensures that the person maintains autonomy, particularly regarding the health services they have access to;
• Allow a person to decide on the healthcare they will want to have.

How to make an Advance Healthcare Directive in Portugal

To make an advance decision, you need to access NHS portal and fill in the document found there. In more detail, you should follow these steps:

1. Access the SNS portal, go to the citizen area and use one of the available authentication methods (citizen card, digital mobile key, or health card);
2. On the portal, download the living will declaration;
3. Please fill in the form with your needs.;
4. Sign the document. This can be signed in a RENTEV Counter or a notary;
5. Finally, deliver the document in person to a healthcare centre or a RENTEV counter in your area of residence. If you have had the signature witnessed by a notary, you may send the document by registered mail. 

What to include in a Living Will?

The living will has various sections that must be completed so that the applicant's wishes are duly clarified. These parts are as follows:

Illnesses In this section, the person should write the illnesses where the living will should apply.

Healthcare Define which healthcare you want to have.

Health Prosecutor Name one or more proxies so that they can make decisions, in case you are unable to do so. 

Refusal of treatment can refuse treatments, such as artificial feeding or cardiopulmonary resuscitation. 

Scientific investigation In this section, you can specify whether or not to participate in scientific experiments. 

Other preferences Palliative care, or pain relief medication, are other preferences you can specify in this section. 

What are the advantages and limitations of an Advance Directive?

Having a living will encompasses advantages and limitations. Among the advantages, it is worth highlighting:

• Respect for the will;
• Preventing future family conflicts.;
• Legal certainty;
• Greater autonomy and dignity.

When it comes to limitations, some notable ones include: 

• Unpredictability of the exact needs a person may come to have.;
• There may be changes in the person's clinical management;
• The law allows doctors to disobey what is stipulated in the document, which can lead to interference. 

Where can I make an advance directive?

The living will can be sent by post, if it has been notarised, or it can be dealt with at a counter of the National Register of Living Wills from your area of residence. RENTEV counters are spread across the country, in various health centres and citizen shops. 

What is the cost of arranging a living will?

Dealing with a living will is free. However, costs may arise in connection with this process, such as having a signature recognised in a Solicitor the notary (around 10 euros), or if it is necessary Legal aid (between 50 to 100 euros on average). 

Where is the living will submitted?

To submit your living will, you must do so on paper at a RENTEV counter. These counters can be found in health centres or citizen services centres across the country. 

Who can view my living will?

You can check your living will via APP SNS 24 or through Portal SNS 24. Doctors or RENTEV staff can also access the will through specific platforms. 

Are witnesses necessary to make a will?

If you wish to make an advance directive, you do not need witnesses. 

However, in other types of wills, witnesses are required. In the case of a public will, two witnesses are needed, and in a private will, there must be three witnesses. 

Is a lawyer mandatory for making a living will?

It is not mandatory to have a Solicitor in cases of living wills, but it is advised. The presence of a lawyer allows the document to be filled out correctly and ensures there are no misunderstandings regarding the applicant's needs and that these needs are met. 

To have the best professionals with you in the drafting of a living will, contact Lawyers in Braga. At Lawyers in Braga, you have professionals at your disposal, duly qualified to provide assistance in situations related to wills. 

Conclusion 

An advance directive is a document that anyone can make, where that same person makes clear what their health conditions are in the event of illness and the inability to make decisions at that time. 

This document is free, except for any costs associated with the need for signature recognition or legal support. This document can be found on the SNS 24 portal and can be submitted at a RENTEV desk, available at health centres or citizen shops.