caringspain.com

President Henry Lock has been giving some thought to three controversial topics -

Euthanasia, assisted suicide & living wills in spain!
Issued 26 February 2006

Recently I was foolhardy enough to commit myself to two topics which are often mentioned as if they were good ideas - EUTHANASIA and ASSISTED SUICIDE. This led me on to look at LIVING WILLS ! Being neither a Professor of Spanish Law, nor a medical expert, I invite readers to write to me if they think I have missed the mark.

We can sum up the situation in regard to the first two items in a single sentence: euthanasia is not lawful in Spain, and assisted suicide has not been formally approved by the Establishment either ! It is true to say, though, that they are matters of active debate in Spain as they are elsewhere in Europe.

So if you are suffering from a degenerative disease and wish to make a testamento vital (as a Living Will is called in this country) which expresses a wish for eventual euthanasia or assistance with suicide I doubt if you will find a Notary anywhere who will record your wishes in order to guide and protect those whose help you will eventually seek. For a Notary’s job is to record agreements made in accordance with the law. And after all, a Living Will can only express what you think you will be wanting when you no longer have the ability to say what you want. My advice would, therefore, be to plan well in advance for your life to end in comfort in Switzerland, if you seek either of these options, which will most likely be denied to you here in Spain.

In other diseases, however, in which it may be pain rather than mental incapacity that is driving you crazy, there is something to be said for having made a Living Will as soon as you become aware of the course your illness is likely to take, as long as it stops short of requesting euthanasia or an assisted suicide. You could aske to be treated for the pain, recognising that such treatment might result in reducing the number of days that you live. (This so-called “double effect ” is often discussed in the medical profession).

It represents a fine line, a tightrope, for any doctor. Willingness to help you in these circumstances can be greatly encouraged if your wishes have been Notarised previously - but even so, some doctors decline to go this far. In such a case Caring Together’s experience might lead us to suggest that you ask another doctor to attend you.

The legal basis for Living Wills appears to be found in article 11 of Law 41/2002 of 14 November and the Autonomous Community of Madrid has recently published a draft based on the provisions of that article. Other regions, like ours, appear to have done nothing about it, while yet others have produced models for local use.

Thus, the general acceptability of Living Wills remains a subject of debate in Spain. Overall progress varies greatly between autonomous regions.

Thanks to the internet, we have been able to read dozens of pages on the subject. Among them we have selected TWO forms of Living Will in Spanish which have been approved by bodies of some standing in the community. One is religious, the other is secular.

The religious model was proposed by the CONFERENCIA EPISCOPAL ESPAÑOLA in December of year 2000. It is intended to be addressed to “my family, my doctor, my priest and my Notary” and it may be downloaded from www.muertedigna.org/textos/euta422

The secular model I’ve chosen, more detailed, comes from GENERALITAT CATALUNYA, and I found it at http://perso.wanadoo.es/aniorte_nic/trabaj_model_testam_vital.htm

Readers who do not have internet access may receive these drafts by writing to one of the addresses below. If you lack email, then we will send them by conventional post, asking you for a 5 € donation to cover our costs.

So much for the legal side: On another occasion I’ll try to write about some of the ideas of medical professionals on these subjects.

As time goes by, Living Wills should make it easier for Caring Together to meet its objectives of adding quality to the end of life. Do get in touch with us in good time if you think we may be of service to you and yours. OUR PROFESSIONAL CARELINE IS 619216270.

If you are glad to be alive & well, you might consider making a donation ! All you need to do is call in at any branch of CAM and place your “donativo” in the current a/c of Asn. Caring Together (ccc 2090 0373 81 0040204916). Or from anywhere in the world you may use IBAN ES48 2100 1639 2902 0008 1856 BIC CAIXESBBXXX. If you let us know we will send you a receipt, our warmest thanks and explanatory leaflets. Legacies are always welcome, too!

For other information call 965894240 or visit our website, www.caringspain.com .

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Apartado de Correos 267, ES-3570 Villajoyosa.