Incapacity planning and end-of-life choices

It is for anyone thinking about, planning or carrying out a move to Spain. Spain reformed its capacity law in 2021, and advance medical wishes are registered region by region. Documents from your home country are often not enough on their own. After reading, you will know which documents to put in place in Spain, how they work and what happens if you do not have them.

Start with "How Spanish law supports adults who lose capacity". It gives the overall picture and shows which of the other pages matter most for you.

Key rules

• Power of attorney form: A preventive power of attorney must be signed before a notary in a notarial deed.
• Euthanasia requests: Euthanasia needs two written requests made at least 15 days apart.
• Refusal claim: If the responsible doctor refuses a euthanasia request, you can file a claim within 15 days with the regional evaluation commission.
• No incapacitation: Support measures no longer remove an adult's legal capacity.
• Order of priority: Measures you choose yourself come first, and a court steps in only when they are not enough.
• Ordinary power: An ordinary power usually ends when you lose capacity unless it is drafted to survive it.

Incapacity planning and end-of-life choices: the whole process, step by step

• Understand the support measures and planning tools (How Spanish law supports adults who lose capacity): before you start, while you still have capacity

• Sign a preventive power of attorney and name your support person (Preventive power of attorney (poder preventivo) and naming your own support person): while you have capacity; it must be signed before a notary in a notarial deed

• Write and register your advance directives (Advance directives (instrucciones previas): what to write and how it is found): while you have capacity, ideally at the same time as the power of attorney

• If nothing is in place, a relative or friend may keep helping informally, or the court appoints support (Who acts for you if you lose capacity with no documents): once support is needed; a court appointment usually takes between three months and a year

• Keep bills paid and manage money legally for the person (Managing money and bank accounts when someone can no longer decide): from the moment the need for support arises

• Look at palliative and end-of-life care options (Palliative and end-of-life care options in Spain): as soon as a serious illness is diagnosed, well before euthanasia is considered

• Make the first written euthanasia request and the second request (Requesting euthanasia in Spain: procedure, timeline and refusals): the second request comes at least 15 days after the first

• Challenge a refusal of a euthanasia request (Requesting euthanasia in Spain: procedure, timeline and refusals): if the responsible doctor refuses, file a claim within 15 days with the regional evaluation commission

Documents you may need

Identity and residence

• ID of the person who needs support and ID of the representative — Managing money and bank accounts when someone can no longer decide
• Proof of Spanish nationality or legal residence in Spain — Requesting euthanasia in Spain: procedure, timeline and refusals

Translations and legal papers

• A preventive power of attorney signed before a notary by the person while they — Managing money and bank accounts when someone can no longer decide

Other documents

• The deed of your preventive power — Preventive power of attorney (poder preventivo) and naming your own support person
• Court resolution naming a curador — Managing money and bank accounts when someone can no longer decide
• Your first written request — Requesting euthanasia in Spain: procedure, timeline and refusals
• The informed consent form — Requesting euthanasia in Spain: procedure, timeline and refusals
• A copy of the deed for the property or commercial registry — Preventive power of attorney (poder preventivo) and naming your own support person
• The court's record that the appointed person accepted the role — Managing money and bank accounts when someone can no longer decide
• A recent certificate from the Registro Civil — Managing money and bank accounts when someone can no longer decide

Each article lists the other documents it asks for, where you need them.

Incapacity planning and end-of-life choices: questions that cross several articles

Does Spanish law apply to a foreigner living in Spain who loses capacity?

Yes, Spanish law normally governs protection measures for a foreign national who habitually lives in Spain, and Spanish courts take the case. You can also choose in advance the law of your nationality for a power of attorney. Read How Spanish law supports adults who lose capacity and Preventive power of attorney (poder preventivo) and naming your own support person.

When does a preventive power of attorney start working?

It starts as you set it in the deed: at once, or only when a trigger happens, such as a medical certificate. Without a stated trigger it works immediately. Read Preventive power of attorney (poder preventivo) and naming your own support person, and Managing money and bank accounts when someone can no longer decide for how banks treat it.

Can my advance directive be found if I move to another region?

Yes, a directive registered in one region is passed to the national registry, so health professionals in another region can consult it. Each region sets its own forms and witness rules. Read Advance directives (instrucciones previas): what to write and how it is found.

Can someone who informally looks after me act without a court order?

Yes, an informal carer (guardador de hecho) can handle daily needs and benefits without a court order. Selling property or other acts of significant value need court authorisation. Read Who acts for you if you lose capacity with no documents and Managing money and bank accounts when someone can no longer decide.

Can my directive or power of attorney be used for a euthanasia request?

Yes, if you have lost capacity and a prior directive exists, the euthanasia process can go ahead. The directive does not replace the other conditions. Read Advance directives (instrucciones previas): what to write and how it is found and Requesting euthanasia in Spain: procedure, timeline and refusals.