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Posted by portugalpress on June 21, 2018

A Living Will is a document, electronically recorded, where it is possible to express the kind of treatment or healthcare that the person wishes, or not, to receive when unable to express his/her own decisions. The Living Will also allows for the appointment of one or more healthcare providers.

The registration of the Living Will, at the National Registry of the Living Will (RENTEV), will allow the timely availability of the information for the physician’s consultation.

To simplify the process, the citizen can access the Citizen’s Area, download the form of the Anticipated Will Directive (DAV), fill it out and deliver it to the ACES (Agrupamento dos Centros de Saúde) or ULS (Unidade Local de Saúde) of its area of residence. Thus, the Living Will has to be registered in the computerised health system, the RENTEV. The National Register of the Living Will keeps the information concerning Living Wills updated, ensuring its timely availability, when necessary.

In a context of urgency or specific treatment, the attending physicians can consult the Living Will of the person, through the ‘Portal Profissional’, thus ensuring that the previously expressed will is fulfilled. The user himself/herself can, through the Citizen’s Area, verify that his/her Living Will is correct, active, on time, following all the accesses that are made by the physicians.

The form of the Anticipated Will Directive may be delivered at the ACES/ULS of the area of ​​residence, for registration on the platform RENTEV (National Registry of the Living Will).

The user’s signature in the DAV can only be recognised by the Notary or by an employee of RENTEV.

The elements to fill in the form are the following: a) identification of the grantor; b) confirmation if the person wants to appoint a healthcare provider and a substitute; c) select from the options presented in the DAV, the clinical situations in which the person wants the DAV to produce effects; d) selection of the healthcare to receive/not to receive from the options indicated in the DAV; e) signed by a physician (optional).

The documents to be submitted by the person (at the RENTEV branches) are the following: identification card; healthcare user number.

Recently, through the Ordinance number 141/2018 of May 18, changes to the legal frame were introduced, directed to healthcare professionals responsible for providing healthcare services to a person who is unable to freely and autonomously communicate his/her wishes. Those professionals must consult the Portal Profissional of the Health Data Platform, to confirm if there is a document of Anticipated Will Directive (DAV) and/or a healthcare proxy registered on the RENTEV.

By Dr Eduardo Serra Jorge
|| features@algarveresident.com

Dr Eduardo Serra Jorge is founding member, senior partner and CEO of lawyers firm Eduardo Serra Jorge & Maria José Garcia – Sociedade de Advogados, R.L., created in 1987.
In his column, he addresses legal issues affecting foreign residents in Portugal.
Faro office at Gaveto das Ruas Pedro Nunes e José de Matos, 5 R/C
289 829 326
www.esjmjgadvogados.com

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