Abstract

The problem of not being in the full possession of one's faculties takes the forefront owing to the ageing population, in a context of the valorisation of individual autonomy in the bioethical and biojuridical field. The instrument to deal with this problem is the advance directive, which allows people to communicate their decisions should they not be in the full possession of their faculties in the future, or to appoint a trustee. The point of issue lies in the legal value to be given to these documents, that is of whether they are binding or not for healthcare workers and what the requisites for their validity are. The article analyses some of the solutions adopted in this sector by the Council of Europe and the German Federal Republic, offering criticisms and proposals.