Living Will in Costa Rica: What It Is, Requirements, and How It Works
A living will is a legal document that allows an individual, while still having full mental capacity, to express their wishes regarding medical treatments in case they lose the ability to make decisions in the future. A living will, in contrast to a traditional will, which focuses on the distribution of assets after death, is intended to guide medical decisions when the individual is unable to communicate their preferences.
This instrument is a declaration of advance directives in which an individual decides how they wish to be cared for in situations of incapacity or in advanced stages of life. Decisions related to well-being, quality of life, and medical care are included, such as the acceptance or refusal of certain invasive treatments.
Costa Rica has regulated this type of will through the Advance Directives Law No. 10231, approved in 2022, allowing individuals to plan their future medical care. This includes decisions such as rejecting invasive treatments or requesting palliative care. It is important to note that, while law allows individuals to refuse certain treatments, euthanasia remains illegal in Costa Rica.
This document is relevant not only in cases of terminal illness, when patients may choose to refuse aggressive treatment, but also in cases of degenerative diseases such as Alzheimer’s. It allows individuals to anticipate and define the type of care they wish to receive.
In medical emergencies, a living will is crucial to ensuring that the patient’s wishes are respected, particularly if they have declined certain procedures, such as cardiopulmonary resuscitation or intensive treatments. A living will also allow individuals to make decisions about organ donation and participation in experimental treatments.
In summary, the living will is a key tool for preserving personal dignity and autonomy in critical health situations. It aligns medical decisions with the patient´s expressed wishes, and helps prevent family crises or conflicts during difficult times.
Key Aspects of the Living Will in Costa Rica
1. Requirements
• Individuals must be of legal age and have full legal capacity.
2. Formalization
• The declaration must be made freely, clearly, and consciously.
• It must be in writing, and include the declarant’s explicit wishes and personal information.
• The document must be signed by the declarant. If it is not possible, the document must include the declarant´s fingerprint.
• It must be signed in the presence of two impartial witnesses, who are not family members or financially tied to the declarant to ensure objectivity.
3. Updates
• The document must be updated every five years to reflect changes in the declarant’s preferences or medical advancements.
4. Limits
• It cannot contradict Costa Rican law or established medical best practices.
• It does not apply in cases where the advance directive cannot be verified, such as certain medical emergencies.
• It cannot include requests related to euthanasia, which is illegal in Costa Rica.
