Living will (advance directives): what it is, what it’s for, and how to create one in Spain.

What is a living will?

living will, also called an advance directive, is a legal document in which a person records their preferences regarding medical treatments and health care for the event that, in the future, they are unable to express their wishes due to illness or incapacity.

It is an essential tool to ensure that your wishes are respected in delicate situations.

What decisions can you include in a living will?

A living will allows you to decide on fundamental aspects related to your health:

Medical treatments

You can make it clear whether you accept or refuse:

  • assisted breathing,
  • cardiopulmonary resuscitation,
  • invasive treatments,
  • artificial feeding or hydration.

Palliative care

You can request that relieving suffering be prioritized over the artificial prolongation of life.

End-of-life decisions

You can express your desire to:

  • avoid treatments that only prolong agony,
  • receive palliative sedation in certain cases.

Organ and tissue donation

You can expressly authorize or refuse donation.

Appoint a representative

You can designate a trusted person to make medical decisions on your behalf when you are unable to do so.

How is a living will formalized?

The procedure varies slightly depending on the autonomous community, but generally it must:

Be written down

Clearly and without ambiguity.

Be signed before witnesses or a notary

In Catalonia, it is usually granted:

  • before a notary, or
  • before three witnesses of legal age (two cannot be family members).

Be registered in the Advance Directives Registry

This allows healthcare professionals to consult your document if necessary.

In Catalonia, the registry is accessible to all healthcare centers in the public system.

Why is it important to make a living will?

It guarantees that your wishes are respected

You decide which treatments you want or do not want to receive.

It reduces the emotional burden on your family

Avoids conflicts and difficult decisions at critical moments.

Provides legal certainty

Your wishes are legally protected.

Allows anticipation of medical situations

Especially relevant in neurodegenerative diseases or risk situations.

Practical example

Imagine that a person suffers an accident that leaves them unable to communicate.
Without a living will:

  • the family may disagree,
  • doctors must act without knowing the patient’s wishes,
  • treatments that the person would never have wanted may be applied.

With a living will:

  • the patient’s wishes are respected,
  • the medical team knows what to do,
  • unnecessary suffering for everyone is avoided.

Frequently Asked Questions (FAQ)

Can I modify my living will?
Yes. You can change or revoke it at any time.

Is it valid throughout Spain?
Yes, although each autonomous community manages its own registry.

Do I need a notary?
Not always, but it is advisable to avoid challenges.

What happens if I don’t register it in the Registry?
It will be valid, but it may not be consulted in time by the medical team.

Professional CTA

If you want to ensure that your medical and personal wishes are respected in any circumstance, a well-drafted living will is essential.

As a specialized lawyer, I help you to:

  • correctly draft your advance directives,
  • advise you on the most relevant medical decisions,
  • and process your registration in the corresponding registry.

Write to me and I will prepare your living will with total security and clarity.

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