Living Will in Costa Rica: What It Is, Requirements, and How It Works
The Living Will is a legal document that allows a person, while retaining their mental faculties, to express their wishes regarding medical treatments in the event of losing the capacity to make decisions in the future.
Unlike a traditional will, which focuses on the distribution of assets after death, the Living Will aims to guide medical decisions when the individual cannot express their will.
This instrument is a declaration of advance directives, through which a person personally decides how they wish to be cared for in situations of incapacity or in advanced stages of life.
It may include decisions related to:
• Well-being and quality of life
• The acceptance or rejection of invasive medical treatments
• The medical care one wishes to receive
Legal Framework in Costa Rica
Through the Advance Directives Law No. 10231, approved in 2022, Costa Rica regulated this type of legal document, allowing people to plan their future medical care.
This includes decisions such as:
• Rejecting invasive medical treatments
• Requesting palliative care
• Defining how they wish to be cared for in critical medical situations
It is important to note that, although the law allows rejecting certain treatments, euthanasia remains illegal in Costa Rica.
In What Situations Can It Apply?
The Living Will is not only relevant in cases of terminal illnesses, where some patients prefer to avoid aggressive treatments.
It can also apply in situations such as:
• Degenerative diseases, for example Alzheimer's
• States of permanent incapacity
• Serious medical situations where the patient cannot communicate their will
In this way, the person can anticipate decisions regarding the medical care they wish to receive.
Decisions a Living Will Can Include
In situations of medical emergency, the Living Will is fundamental to respecting the patient's will.
Among the decisions it can contemplate are:
• Rejecting cardiopulmonary resuscitation.
• Limiting intensive or invasive treatments.
• Authorizing or rejecting experimental treatments.
• Establishing provisions regarding organ donation.
Relevant Aspects of the Living Will in Costa Rica
Requirements for Interested Parties
To grant a Living Will, the person must:
• Be of legal age.
• Have full legal capacity to make decisions.
Formalization of the Living Will
The document must be formalized in accordance with established legal requirements, generally before a notary, to guarantee its validity and correct interpretation within the health system.
Updating the Document
The Living Will can be modified or revoked at any time, provided the person maintains the legal capacity to do so.
This allows it to be adapted to changes in personal, medical, or family situations.
Limits of the Living Will
Although it allows making decisions about medical treatments, the Living Will cannot authorize practices that are illegal in Costa Rica, such as euthanasia.
A Tool to Protect Autonomy and Dignity
The Living Will in Costa Rica is a key tool for preserving personal autonomy and human dignity at critical moments of health.
In addition to respecting the patient's wishes, this document helps to:
• Avoid family conflicts in difficult medical situations
• Guide health professionals regarding the patient's decisions
• Ensure that medical care is aligned with personal values and wishes
Planning in advance allows for making conscious decisions about one's own care, even in circumstances where it is no longer possible to express them.