Tag Archive for: Living Will

What is a Biotestamento (Living Will)?

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A living will, biotestamento, allows a person to make decisions about medical treatment

Biotestamento legislation in Italy is in two parts.

The first, more general part, deals with giving informed consent on medical treatments. The second part of the law specifically provides for a number of DATs (disposizioni anticipate di trattamento).

What are biotestamento DATs?

DATs allow a person to indicate wishes in relation to medical treatments in the event s/he is no longer conscious due to an accident or illness.

Every adult over the age of 18 years old, of sound mind, who does not expect to be capable of self-determination in the future, may make use of DATs. By filling in the relevant paperwork, a person expresses his/her wishes relating to medical treatments. These include consent or refusal of artificial hydration and feeding.

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DATs are legally binding on medical staff unless they are manifestly inappropriate or non-compliant with the patient’s current medical condition or new therapies have become available since the person signed DATs.

DATs must be in the form of a notarised deed or as a certified private instrument.

Informed consent

The law on Biotestamento protects a person’s right to life, health, dignity and self-determination. It stipulates that no medical treatment may start or continue without the patient’s freely given and informed consent. All patients have the right to know their health conditions. Furthermore, they must receive exhaustive, up to date and comprehensible information about the diagnosis, prognosis, benefits and risks of diagnostic tests and of prescribed medical treatments. In addition patients have a right to understand any alternative treatments available and the consequences connected with refusal of treatment.

Possible interruption of artificial feeding and hydration

Every adult, over the age of 18 years old, of mind, has the right to fully or partially refuse any treatment or to revoke consent for treatment at any time. Feeding and hydration are comparable to medical treatments. It is therefore possible to refuse them or request that they stop.

Refusal of treatment and conscientious objection by doctors

The patient has the right to refuse medical care. Doctors can however conscientiously object to this. Therefore, if a patient refuses medical care and a doctor deems this will cause death, a doctor is under no professional obligation to fulfil the patient’s wishes. The patient, however, may turn to another doctor working in the same hospital or healthcare facility.

Futile medical care and deep sedation

A doctor must endeavour to alleviate a patient’s suffering. Even if the patient has refused to grant or withdrawn his/her consent to medical care. Where there is a short life expectancy or imminent death prognosis, the doctor must, however, abstain from unreasonably persisting in dispensing medical care. In case of illnesses resistant to medical treatments, with the patient’s consent, the doctor may resort to continuous deep palliative sedation associated with pain therapy.

Psychological support

Should the patient decide to revoke or refuse medical care, the doctor must inform the patient of the consequences associated with this decision. The doctor must also inform the patient about any possible alternative treatments. In addition, medical staff should promote all actions to support the patient, including psychological support services.

Minors and disabled persons

In order that they can express their wishes, minors and disabled persons must receive all information in an appropriate manner. Informed consent on medical treatments for minors is contingent on consent or refusal by the parents or legal guardian. However, the patient’s wishes must also be considered.

Fiduciaries

A patient may also appoint someone to represent them in all relations with doctors and medical facilities.

Finally …

At De Tullio Law Firm, we have over 55 years of expertise with managing cross border succession and estate planning matters throughout Italy. In addition, our firm is also a full member of STEP, the world’s leading association for trust and estate practitioners.

If you need any advice regarding living wills or last wills, we are here to help. Please get in touch with us.

 

 

Unclaimed Italian Property

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What is unclaimed Italian property?

Between 1861 and 1985 over 29 million Italians emigrated to other countries. About 18 million Italians permanently settled abroad. Today several tens of millions people living abroad have Italian heritage. When Italian emigrants went abroad, they often left property and land in Italy. This is now unclaimed Italian property.

Many people think that the Italian State confiscated unclaimed property. This is a myth. The reality is that the property is still here in Italy and the original owners are still on the title deeds.

There are many thousands of unclaimed properties and parcels of land  throughout Italy. In many cases, the descendants of emigrants living outside Italy could still claim these properties.

Beware!

Over the years, descendants of Italian emigrants have contacted us for help and advice. They are trying to find their ancestors’ property in Italy. Sadly, in some cases, people have spent considerable time and substantial amounts of money before contacting us.

We have heard about people receiving letters from organisations asking for an upfront fee and promising help with locating and retrieving an unclaimed Italian property.

Needless to say, many people never hear anything once they have paid the fee. So, if you get a letter like this, be cautious. Look up the company and check credentials before you part with any money.

Seek qualified help with unclaimed Italian property

In the first instance, legitimate researchers will seek unclaimed Italian property through sources made available under freedom of information laws. For example, since 2014, the Italian Tax Authority has made it possible for the public to search online for land registry records and titles. You will need to register an account, then supply information such as:

– Name of presumed owner, even if deceased (maiden name, if female).

– Exact town of birth in Italy.

– Name of father of the presumed owner.

– Date of Birth (year) of the presumed owner (records only available post 1880).

Some people try to take a DIY approach. However interpreting search results can however make this difficult. In addition, land registry results may not always be accurate. They could, for example, be out of date or show the name of a previous owner.

If you know, or believe that your family has unclaimed property in Italy and you need help, make sure you engage the services of reputable and experienced professionals.

Finally …

For over 55 years, De Tullio Law Firm has been providing international clients with independent legal advice. We offer services in all the major fields of Italian law with particular expertise in real estate, residency, family law and inheritance matters. If you would like to discuss your situation, we are here to help. Please get in touch with us.