Can I make a living will?
Yes: any adult capable of understanding can make DAT (a living will). The basis is Law 219/2017. With Advance Treatment Directives you state in advance, for possible future incapacity, which care, exams and treatments you accept or refuse. You can name a trustee (fiduciario) (adult and capable) to represent you with doctors and ensure your wishes are respected. The form: public deed, authenticated private writing, or private writing delivered in person to the Comune's civil-status office — free, no stamp duty. The DAT are revocable and modifiable at any time. They're entered in the national DAT registry. In short: yes, it's a right.
📋 The rules
- Made by any capable adult
- State the treatments you accept or refuse
- You can name a trustee (fiduciario)
- Form: public deed, authenticated writing or Comune
- Revocable and modifiable at any time
🔓 Exceptions
- A doctor may disregard them if manifestly incongruous or superseded by new therapies
- They don't authorise euthanasia (governed separately)
- For minors/incapable: parents or guardian decide
⚠️ Penalties & fines
There's no "sanction": depositing the DAT at the Comune is free (exempt from stamp duty, registration and taxes); with a notary you only pay the fee. The doctor must respect them, but may disregard them if they appear manifestly incongruous, not matching the current condition, or if therapies have arisen offering real survival chances, in agreement with the trustee. Beware a myth: "a living will authorises euthanasia" is false — Law 219/2017 lets you refuse or stop treatment (including artificial nutrition and hydration) and request palliative sedation, but not active assisted dying. And "you must use a notary" is false: you can deposit them free at the Comune. To make them: choose the form, optionally name a trustee and deposit the DAT.
📎 Official sources
❓ Frequently asked
What is a living will?
It's the common name for the Advance Treatment Directives, the DAT, under Law 219/2017. With them, an adult capable of understanding states in advance which medical treatments they accept or refuse, in case they later can't express themselves. They can also name a trustee to represent them.
How much do the DAT cost?
Depositing the DAT at your Comune's civil-status office is free, as they're exempt from stamp duty, registration and taxes. If instead you choose the form of a public deed or authenticated private writing before a notary, you only pay the notary's fee, usually modest. The Comune route is therefore the cheapest.
Can I change my mind later?
Yes. The DAT are freely revocable and modifiable at any time, in the same forms as their drafting. So you always keep full control over your care choices. In urgent situations, revocation can also be done in simplified ways, provided it's documented, to ensure your current wishes are respected.
Must the doctor always respect the DAT?
In principle yes, but with exceptions. The doctor must respect the DAT, but may disregard them if they appear manifestly incongruous, not matching the current clinical condition, or if meanwhile therapies are available, unforeseeable when signing, capable of offering real improvement, in agreement with the trustee.
Does a living will authorise euthanasia?
No. Law 219/2017 lets you refuse or stop medical treatments, including artificial nutrition and hydration, and request deep palliative sedation. It doesn't authorise euthanasia or active assisted dying, which are governed by a different framework. It's a frequent myth to confuse a living will with euthanasia.
🔎 Common searches
What people search to land here:
- “living will how to make”
- “dat advance directives”
- “living will law 219/2017”
- “dat comune free”
- “trustee dat”
- “national dat registry”