Collection of the will and indications of the trustee
The biotesting law, published in the Official Gazette (no. 219 of December 22, 2017 "Rules on informed consent and advance processing provisions") has been in force since January 31, 2018. The Ministry of the Interior with Circular no. 1/2018 of 8/2/2018 gave the first operational indications regarding the Municipalities.
The law establishes that an adult, capable of understanding and willing, in anticipation of a possible future inability to self-determine, after having acquired adequate medical information on the consequences of his choices, can "express their wishes regarding health treatments as well as consent or refusal with respect to diagnostic tests or therapeutic choices and individual health treatments".
You can therefore express your willingness to accept or reject tests and therapies in moments of life when you will not be able to consciously indicate this option, according to the principle that “No health treatment can be started or continued without the free and informed consent of the person concerned".
How to express the Dat
In anticipation of a possible future inability to express their wishes, the person concerned called "settlor" can express the "Advance treatment provisions - Dat". These provisions are drawn up with a public deed or authenticated private deed, or with a private deed delivered personally to the registrar of the Municipality of residence.
Whoever expresses the Dat can indicate a person of trust, called "trustee", of age and capable of understanding and willing, who represents him in a manner consistent with the will expressed in relations with the doctor and with the health facilities when the settlor was no longer able to confirm his intentions consciously. The acceptance of the appointment by the trustee takes place through the signing of the Dat or with a subsequent deed attached to the Dat. If the Dat does not contain the indication of the trustee, or he has renounced it or has died or become incapable, they remain effective with regard to the will of the settlor.
In case of need, the tutelary judge appoints a support administrator.
Useful information on the Dat
Dat are drafted in free form by the person concerned, who is of age and capable of understanding and will;
Dat can be modified or revoked by the settlor at any time;
if it is not possible to make a written declaration, the Dat can be made by video recording or other devices that allow the person to communicate. Also in this case an envelope containing the media used for storage must be delivered. Delivery must always take place personally with the same methods used for delivery in writing;
the interested party can express the Dat in the way he deems most appropriate, asking for advice from his doctor and entering:
- personal data (surname, first name, date of birth, residence in the Municipality of Bra);
- an indication of the situations in which the Dat must be applied (for example, in the case of a disabling and irreversible disease, etc.)
- consent or refusal of specific medical measures, health treatments, diagnostic tests and therapeutic choices;
- date and signature (mandatory)
Where and how to deposit the Dat
1) Municipalities are one of the possible places to deliver DAT.
2) The Dat must be delivered personally, and not by a person in charge, to the Civil Status Officer of the Municipality of residence (who must not participate in the drafting of the writing, nor is he required to give information on the contents of the same: he has the sole task of receive it, register it and keep it). The settlor will be provided with a receipt of delivery and deposit.
3) In the Municipality of Bra, the DATs must be delivered personally to the Civil Status Service, Via Barbacana 6 - Ground floor - by appointment only.
At the agreed appointment, the settlor must present himself with:
valid identification document and a photocopy of the same;
health card / tax code and a photocopy of the same;
deed / writing containing the Dat and relative photocopy if you wish to receive the receipt stamp.
To deposit the Dat it is necessary to complete and submit the appropriate form.
Upon delivery, the form is registered and a receipt is issued indicating the office where the documentation is filed and stored. Upon request, this receipt can also be stamped on the copy of the DAT presented by the settlor
4) The DATs are registered and stored by the Civil Status Office of the Municipality of residence which must be transmitted to the health facilities concerned according to the decree to be issued by the Ministry of Health, pursuant to art. 1 Comma 419, of the law 27 December 2017, n. 205 (2018 Financial Statements)