Naming Someone to Speak for You in Medical Situations

Many British residents in Spain believe that if a partner becomes ill or unable to communicate, they must arrange a Power of Attorney. However, when it comes to medical decisions, Spain has a much simpler system known as voluntad Vital Anticipada.

Spain allows people to formally record their medical wishes in advance and nominate someone they trust to represent them. This is done through a document known as Documento de Instrucciones Previas, sometimes also called Voluntades Anticipadas.

What this document does

This document allows you to:
Record your wishes regarding medical treatment if you are unable to communicate.
Nominate a representative, such as a partner or family member, who can speak with doctors and make decisions on your behalf.
Ensure that your wishes are known and respected by medical professionals.

It is particularly important for couples who are not married, as a partner may otherwise have no automatic legal role in medical decisions.

How it works

The document is registered with the health authority of your autonomous community. Once registered, the information is included in the national system used by hospitals across Spain, the Registro Nacional de Instrucciones Previas.

This means that if you are treated in a hospital anywhere in Spain, medical staff can access your instructions and see who you have nominated to represent you.

Is this the same as a Power of Attorney?

No. This document only relates to medical care and healthcare decisions.

If you want someone to manage your financial affairs, property, or legal matters, you would still need a notarial power of attorney.
How to apply

The procedure is normally straightforward. In most regions you can:

Complete an official form
Attend a registration office or health centre
Sometimes sign before witnesses or a notary
Each autonomous community manages its own process, so the name of the document and the application method may vary slightly depending on where you live.

Finding the procedure in your region

Your regional health authority will provide information on how to register your instructions and nominate a representative. Citizens Advice Spain recommends checking the official website for your autonomous community or contacting your local health centre for guidance. Also likely find this information on your healthcare app. Example:

This is the translated description from the Salud Response App Junta de Andalucia:

“The Declaración de Voluntad Vital Anticipada is a written document that contains a person’s preferences regarding the healthcare and medical treatments they wish to receive. The purpose is to ensure that these wishes are respected if, at some point in the future, the person is no longer able to express them personally, regarding the care and treatment of their health or, once death has occurred, regarding the destination of their body or its organs.

It also allows us to choose a person we trust, a representative, who will make decisions on our behalf when we are in that situation. In addition, we can even choose a second person as representative, a substitute, who will act if the
first representative is unable to do so for any reason”.

Also search “guia para hacer la Voluntad Vital Anticipada” adding your regional area.

Many people obtain guidance on how to register their Voluntades Anticipadas through these apps.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.