The Advance Treatment Provisions (DAT), regulated by art. 4 of Law 219 of 22 December 2017, are the provisions that allow every person, of age and in full possession of their faculties, to express their consent or refusal on diagnostic tests, therapeutic choices and individual health treatments, in anticipation of a possible future inability to communicate one’s will.
To be valid, they must be drawn up only after having acquired adequate medical information on the consequences of the choices made with these provisions.
DATs do not expire. They can be renewed, modified or revoked at any time. In any case, they can never replace the person’s current will as long as they are capable of self-determination.
The person who draws up the DAT can also appoint a “trustee”, a trusted person, of legal age and in full possession of their faculties, to represent and enforce their wishes in relations with the doctor and with health facilities in the event of an inability to interact with them.
Italian citizens residing in Italy can draw up the DAT in the form of a notarial deed, an authenticated private deed or a private deed delivered personally to their Italian municipality of residence. For minors, the DAT can be drawn up by those exercising parental authority.
Italian citizens residing in the catchment area of the Italian Consulate General in London and duly registered on AIRE can sign their DAT not only at the Municipality of AIRE registration, but also at this Consulate General by making an appointment, which can be requested by email at the address: notarile.londra@esteri.it.
On the day of the appointment, the person who would like to sign an Advance Treatment Provision (DAT) must present:
- a valid Italian ID;
- Italian Tax Code
- the relevant form duly filled in (the Italian Ministry of Health does not provide a template, but some of them are available online. By way of example, you can find here the form available on the website of the Autonomous Province of Bolzano).
Please note: The declarant must sign their Advance Treatment Provisions document before an Officer from the Notary Office on the day of the appointment.
In case of appointment of a trustee the declarant must also present:
- the form completed with the signature of the trustee in the appropriate section;
- a copy of the trustee’s ID;
- Italian Tax code of the trustee.
Please note: Advance Treatment Provisions made before the Italian authority have no effect against the authorities of the United Kingdom.
For information on how to present the declaration relating to your provisions to the British authorities, click here.
You can find further information about Advance Treatment Provisions on the Italian Ministry of Health website (click here).