Focus of the essay is the expansion of the use of a particular guardianship, “amministrazione di sostegno”, to acknowledge patient’s advanced directives in absence of a living will regulation. In fact, doctrine and jurisprudence admit that some advanced directives can be expressed by capable persons to their future chosen guardian. The essay points out many relevant differences between this way of expanding the person’s will behind capability and a legal living will and that, despite this alternative way, a new legislation is desirable, but in the process of enacting it the existing rules and the practices developed on them have to be taken into serious account.
Amministrazione di sostegno, designazione anticipata e testamento biologico
SAVORANI, GIOVANNA
2012-01-01
Abstract
Focus of the essay is the expansion of the use of a particular guardianship, “amministrazione di sostegno”, to acknowledge patient’s advanced directives in absence of a living will regulation. In fact, doctrine and jurisprudence admit that some advanced directives can be expressed by capable persons to their future chosen guardian. The essay points out many relevant differences between this way of expanding the person’s will behind capability and a legal living will and that, despite this alternative way, a new legislation is desirable, but in the process of enacting it the existing rules and the practices developed on them have to be taken into serious account.
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