By Attorney Sabrina Candela and Team
In the US, a Living Will is a legal document that outlines your medical treatment preferences if you become incapacitated. It allows you to decide on: Life support measures, CPR in case of cardiac arrest, refusal of specific medical procedures, etc.
This document is legally valid and enforceable in the U S, but there is no equivalent in Ecuador.
Be cautious about misinformation. If someone in Ecuador offers to draft a “Living Will” for you, know that it is not legally valid. Other alternatives, such as sworn declarations, affidavits, or notarized wish lists, may be suggested, but these documents are not legally binding. Furthermore, Ecuadorian law does not provide a mechanism for enforcing such documents in hospitals or medical facilities.
What are the consequences of this legal gap in Ecuador?
Without a recognized Living Will, several issues may arise:
– Risk of unwanted treatments.
– Lack of guidance for family members.
– Legal disputes. The absence of a valid, enforceable document can lead to conflicts over medical decision-making.
What is the Solution?
Although Ecuador does not recognize Living Wills, we have a legal binding and enforceable solution for you:
A notarized healthcare power of attorney (POA) that includes specific clauses in compliance with Constitutional Court rulings on life support, assisted death, and medical decision-making, as well as very specific provisions in the Civil Code.
This document allows you to designate a trusted person to make medical decisions on your behalf if you become incapacitated, and it is fully enforceable. Important: If your POA does not include these specific regulations and clauses, it will not be enforced for healthcare purposes.
As attorneys working closely with legal advisors for hospitals and doctors, we know their practice. We ensure that the documents we draft eliminate loopholes that doctors or hospitals might use to disregard your wishes.
How Can We Help?
We can prepare a customized notarized power of attorney, ensuring:
– Legally required clauses and rulings for medical enforcement by doctors and hospitals.
– Clear limitations on medical treatments, reflecting your specific healthcare wishes.
– We can cover other needs like financial and estate decision-making powers, including banking administration if incapacitated.
– Coverage for representation on real estate, visa, and other legal matters to ensure your protection.
To ensure that your medical, legal, and financial decisions are respected, contact us. We will draft legally enforceable end-of-life documents that guarantee your wishes are fulfilled.
Att: Sabrina Candela +593 93 906 2758
candelacerras@gmail.com
City: Cuenca. Av. Remigio Tamariz, between Agustín Cueva and Federico Proaño, Corpolex Law Firm.
