Planning the Future: Beyond Assets, Protecting the Person

When thinking about planning for the future, attention often focuses exclusively on the destination of material assets. However, comprehensive protection of the person requires considering not only assets but also choices regarding one's health and dignity in moments of fragility. Many clients turn to the firm with doubts about the difference between end-of-life directives and asset-related directives. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci clarifies daily how these two instruments, although distinct, are both fundamental for a global protection strategy.

The Regulatory Framework: DAT and Wills Compared

In Italy, the law clearly distinguishes between the management of health-related wishes and the transmission of assets. The 'classic' will (holograph, public, or secret) is governed by the Civil Code and aims to dispose of one's assets for the time after one's death. It produces legal effects only after the testator's death.

Conversely, the so-called 'living will,' technically defined as Advance Treatment Directives (DAT) and regulated by Law 219/2017, concerns medical decisions. Through DAT, an adult person capable of understanding and willing expresses their wishes regarding medical treatments, as well as consent or refusal for diagnostic procedures or therapeutic choices, in anticipation of any future inability to self-determine. It is crucial to understand that DAT do not regulate economic aspects and cannot contain inheritance provisions.

The Bianucci Law Firm's Approach to Succession Planning

Avv. Marco Bianucci, an expert lawyer in succession and civil law in Milan, adopts a working method that places the person in their entirety at the center. It is not just about drafting a formal document but about building an 'architecture of will' that endures over time. The firm's approach involves an in-depth analysis of the client's family and personal situation.

Regarding the asset will, the goal is to prevent disputes among heirs and ensure that assets are distributed according to the client's wishes, while respecting the legal share for forced heirs. In parallel, Avv. Bianucci provides advice on the correct drafting and filing of DAT, ensuring that health-related wishes are expressed unequivocally and legally validly. Integrating these two aspects means relieving loved ones, in the future, of the burden of having to make dramatic decisions without guidance, or of having to manage complex inheritance disputes.

Frequently Asked Questions

Can I write my end-of-life wishes in a holograph will?

While it is not forbidden to include personal considerations in a holograph will, it is not advisable to mix the two. A holograph will is only published after death, whereas DAT are useful when one is still alive but incapacitated. Including DAT in an inheritance will risks rendering them ineffective or causing them to be discovered too late. It is preferable to draft two separate documents following the specific procedures for each.

Does the trustee for the living will have to be an heir?

No, it is not necessary. The trustee appointed in DAT is the person called upon to represent the patient in dealings with doctors and healthcare facilities. They can be a family member, a friend, or a trusted person, regardless of whether they are an heir in the asset will. The important thing is that they are someone who deeply understands and respects the grantor's values.

What happens if I do not draft DAT?

In the absence of Advance Treatment Directives, in case of subsequent incapacity, medical decisions are made by the doctor in agreement with the legal representative or family members, attempting to reconstruct the patient's presumed wishes. However, this scenario can generate uncertainty and painful conflicts among family members. Drafting DAT with the support of a professional helps to avoid these situations.

Is a notary required for a living will?

The law provides for several forms for DAT: public deed, private writing with authenticated signature, or private writing personally delivered to the Civil Status Office of one's municipality. Although a notary is not the only option, the advice of an expert lawyer is essential to ensure that the content of the directives is clear, lawful, and not subject to ambiguous interpretations.

Protect Your Wishes with Professional Support

Planning for the future is an act of responsibility and love towards oneself and one's loved ones. Whether it's defining the destination of your assets or expressing your health-related choices, leave nothing to chance. Avv. Marco Bianucci awaits you at his office in Milan, at Via Alberto da Giussano 26, to analyze your specific situation and guide you in drafting the legal instruments best suited to your needs.