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Until recently, the idea of a living will, which outlined a persons wish not to be resuscitated, did not exist in Spain. This included cases where the patient was terminally ill. The reason for this is that according to Spanish law, powers of attorney or similar documents of commitment are only valid and enforceable as long as the person delegating the power is alive and contractually capable.
Thanks to the principle of “actus loco regitur” (the legal act being governed by the region which undertakes it) it meant that even living wills drafted in Germany or the UK were rendered useless.
Fortunately, this has now changed. It is now possible to sign a so-called “testamento vitaício” with your Spanish notary, which specifies what is to happen in the event of incapacity or serious illness, and also, importantly, what is not to happen. Additionally, a person that you are close to (and presumably trust) can be given a power of attorney to make sure that your living will is carried out.
Your “testamento vitalício” must be registered with the Consellería de Salut in Calle Cecilio Metell [where?].
