Solving the “Later” Problem with an Advance Healthcare Directive

Nobody wants to sit around thinking about what might happen if they become seriously ill or unable to make decisions. It’s, well, a bit morbid. And for most people, it’s something they’d rather deal with “later.” But later isn’t always an option.

That’s where proper planning comes in. Brazil recently enacted the Patient Rights Statute, Law 15.378/26, which includes rules on advance healthcare directives. In Brazil, this type of directive is known as a Diretiva Antecipada de Vontade, or DAV. It’s a document in which a person puts their medical wishes in writing in case they become unable to speak for themselves in the future.

The DAV can address treatments, procedures, and end-of-life care. It can also appoint a representative to help ensure those wishes are honored by family members, doctors, hospitals, and other healthcare providers.

Preparing a DAV doesn’t need to be complicated. It can be drafted privately or formalized in a public deed (escritura) with a Brazilian notary. Either way, the key is clarity. If the document is vague, the very disputes it was meant to avoid may still arise.

The same kind of planning can also apply outside healthcare. Like a DAV, autocuratela is another tool used in Brazil to plan for possible incapacity. But the two serve different purposes. Autocuratela addresses legal representation and asset management, while a DAV focuses on medical decisions.

Planning ahead may feel uncomfortable. But clear instructions today can prevent agonizing disputes when difficult decisions must be made later on.