Living Will: Advance Healthcare Directives in PE

Context Note: This content describes Brazilian notary law and procedure.

Living Will: Advance Healthcare Directives Regarding Medical Treatments

Learn how to make a living will at a notary office in PE. Register your advance healthcare directives and protect your medical decisions.

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This article answers

• What is a living will and what is it used for?
• Who can execute advance healthcare directives in Pernambuco?
• How to formalize a living will at a notary office?
• What is the difference between a living will, a property will, and a healthcare power of attorney?
• Are doctors and family members required to honor a living will?

In summary

• The living will (testamento vital) is a notary act through which a sound-minded individual registers advance healthcare directives regarding future medical treatments for when they are unable to express their wishes.
• Ensuring patient autonomy avoids conflicting decisions among family members and guides the healthcare team regarding the use or refusal of invasive procedures and artificial life support.
• Executing the declaration via a public deed (escritura pública) grants public faith, legal certainty, and permanence to the record made at the notary office (tabelionato de notas).

What is a living will and what is it used for?

A living will (testamento vital) is a declaratory document in which you register which medical treatments you accept or refuse should you face a serious, terminal illness or an irreversible state of incapacity to express your wishes. Its main function is to preserve individual dignity and patient autonomy in the face of invasive therapeutic interventions.

In the notarial realm, this declaration takes the form of a public deed (escritura pública) drawn up by a notary public (tabelião de notas). The notary service ensures the authenticity and efficacy of voluntary expressions of will. Thus, physicians receive clear and legally backed guidance regarding the limits of healthcare intervention you desire.

By formalizing a living will (testamento vital), you can also appoint one or more healthcare proxies (procuradores de saúde). This representative is authorized to speak with the medical team and enforce your advance directives if you temporarily or permanently lose consciousness.

Who can execute advance healthcare directives in Pernambuco?

Any person over 18 years of age or fully emancipated, in full possession of their mental faculties, has legal capacity to formalize their living will (testamento vital). To ensure the validity of the declaration, the declarant must fully understand the scope of their choices and be free from any physical or moral coercion.

In Pernambuco, the procedure takes place at any notary office (tabelionato de notas) in the state, regardless of the declarant's domicile. Individuals diagnosed with early-stage degenerative diseases can also register the document, provided their decision-making capacity is confirmed at the time of execution.

If a person is already in a state of civil incapacity without a prior expression of will, family members cannot draft a living will (testamento vital) on their behalf. In these scenarios, specific legal instruments apply for civil representation and asset management, such as conservatorship (curatela) [/pt-br/revista/curatela-e-tomada-de-decisao-apoiada].

How to formalize a living will at a notary office?

The formalization of a living will (testamento vital) begins with drafting a clear text stating the desired healthcare directives. The interested party schedules an appointment at a notary office (tabelionato de notas), bringing official identification documents and, when relevant, a medical report from their attending physician regarding their clinical condition.

You can execute the document in person at the notary office or via videoconference through the e-Notariado system. The notary assesses the declarant's capacity, receives the declaration of intent, and drafts the public deed (escritura pública). The act serves as full proof of its contents before third parties and healthcare institutions.

The procedural steps to execute the act are:

• Schedule an in-person or virtual appointment at the notary office (tabelionato de notas) of your choice.
• Present your official identification documents and the details of the appointed healthcare proxies.
• Present your directives regarding treatments you wish to receive or refuse in critical situations.
• Review the draft prepared by the notary clerk or notary public.
• Sign the public deed (escritura pública) in person or using an e-Notariado digital certificate.

What is the difference between a living will, a property will, and a healthcare power of attorney?

It is fundamental not to confuse a living will (testamento vital) with a traditional public will focused on assets (testamento patrimonial). While a property will handles the disposition of a person's assets after death, a living will deals exclusively with the declarant's health and body while alive, but unable to communicate.

A healthcare power of attorney (procuração de saúde), on the other hand, is an instrument focused on the delegation of authority. Through it, you grant authority to a trusted person to make medical decisions on your behalf. Frequently, the grant of healthcare powers and the living will are contained within the same public deed drawn up by the notary.

| Legal Instrument | Effective Time | Primary Scope |

| :--- | :--- | :--- |

| Living Will (Testamento Vital) | During life (when unable to express oneself) | Medical care, refusal of futile treatments, and healthcare dignity |

| Property Will (Testamento Patrimonial) | After the testator's death | Division, allocation, and distribution of assets and property |

| Healthcare Power of Attorney (Procuração de Saúde) | During life (when unable to express oneself) | Appointment of a legal representative for medical decisions |

Are doctors and family members required to honor a living will?

Advance directives formalized in a living will (testamento vital) prevail over the opinions of the patient's family members. Physicians must respect the declarant's wishes, provided the instructions comply with the legal framework and the ethical standards of the medical profession.

Formalizing the declaration through a public deed (escritura pública) confers public faith to the act, offering peace of mind and legal backing to the medical team. This prevents doctors from fearing sanctions for adhering to the patient's wishes and avoids severe emotional conflicts among family members during treatment.

At any time, provided full mental capacity is maintained, the declarant may modify, revoke, or replace their living will (testamento vital). For the revocation to hold the same evidentiary weight, executing a new public deed at a notary office is recommended.

Document checklist

• [ ] Declarant's ID and CPF (valid official photo document).
• [ ] Declarant's updated birth or marriage certificate.
• [ ] Declarant's updated proof of residence.
• [ ] ID, CPF, and contact details of the representatives appointed as healthcare proxies.
• [ ] Draft or descriptive list containing the advance directives.
• [ ] Informative medical report or assessment (optional, recommended in cases of prior health diagnoses).

In practice

Case 1: Decision on invasive treatments in a neurodegenerative disease

A resident of Recife, diagnosed in the early stage of a neurodegenerative illness, visited a notary office (tabelionato de notas) to draft his living will (testamento vital). He expressly declared that he did not wish to undergo prolonged artificial life support if he entered a terminal phase without prospect of recovery. Years later, in a hospital environment, presenting the public deed ensured that the medical team and family members honored his prior decision.

Case 2: Preventing family disputes regarding ICU admission

An elderly patient executed a public deed for a living will (testamento vital), naming her youngest daughter as her healthcare proxy authorized to make decisions should she become unconscious. When the patient suffered a severe stroke, disagreements arose among her children regarding the limits of surgical procedures to perform. The existence of the public document guided physicians to follow the directives left by the mother and validated by the appointed proxy.

Frequent errors

• Using private contracts without public faith: Drafting private letters or documents without notarial support can raise doubts about signature authenticity and the declarant's full mental capacity at the time of drafting.
• Including clauses contrary to criminal legislation: Attempting to include requests that constitute procedures prohibited by law renders that section void due to illicit subject matter.
• Confusing a living will with a property will: Including clauses about dividing real estate or money in a living will (testamento vital) causes procedural confusion, as property disposition follows specific Civil Code rules for post-mortem succession.
• Forgetting to inform family and physicians about the deed: A living will (testamento vital) must be known to close relatives and the family doctor so it can be promptly presented to the hospital during an emergency.

Legal basis

• Lei nº 8.935/1994, art. 1º (Law No. 8,935/1994, Art. 1) — Establishes that notary and registry services are intended to ensure publicity, authenticity, security, and efficacy of legal acts.
• Lei nº 8.935/1994, art. 6º (Law No. 8,935/1994, Art. 6) — Establishes the exclusive competence of notary publics to draw up public deeds and public acts.
• Lei nº 10.406/2002 (Código Civil), art. 104 (Law No. 10,406/2002 - Civil Code, Art. 104) — Determines the universal requirements for the validity of a legal transaction or act.
• Lei nº 10.406/2002 (Código Civil), art. 215 (Law No. 10,406/2002 - Civil Code, Art. 215) — Grants public faith and full evidentiary weight to public deeds drawn up at a notary office.
• Normative note: The Brazilian legal system accepts advance directives based on the constitutional principle of human dignity and private autonomy, applying administrative guidelines set by the Conselho Nacional de Justiça (National Council of Justice - CNJ) Conselho Nacional de Justiça.

Frequently asked questions

What is a living will and what is it used for?

A living will (testamento vital) is a document in which a person declares in advance their preferences regarding medical care and treatments for times when they are unable to express their will. It serves to protect patient autonomy and dignity before physicians and family members.

Who can execute advance healthcare directives in Pernambuco?

Any person over 18 years of age or emancipated, in full possession of their mental faculties, can formalize their advance healthcare directives. It is not necessary to be suffering from a serious illness to execute the act.

How to formalize a living will at a notary office?

You appear at the notary office (tabelionato de notas) with an ID document and CPF, declare your decisions to the notary public, and sign the public deed, either in person or via e-Notariado. The act remains permanently recorded in the notary book.

What is the difference between a living will, a property will, and a healthcare power of attorney?

A living will (testamento vital) deals exclusively with refusing or accepting medical procedures during life; a property will disposes of assets after death; and a healthcare power of attorney appoints a representative to make decisions on the patient's behalf.

Are doctors and family members required to honor a living will?

Yes, the decisions expressed in the public deed must prevail over the family members' wishes and guide medical conduct, provided current ethical and legal guidelines in the country are respected.

Editorial footer

Editorial Team: 5th Notary Office of Recife (5º Tabelionato de Notas do Recife) — CartorIA

Legal Review: July 2026 (Content reviewed in compliance with current CNJ standards and the Civil Code)

Protocol Version: PEAN v1.0

Notice: This content is purely informative and institutional. It aims to guide citizens on the nature of notarial acts and does not substitute specific legal advice provided in concrete cases.

FAQ

What is a living will and what is it used for?

A living will is a document in which a person declares in advance their preferences regarding medical care and treatments for times when they are unable to express their will.

Who can execute advance healthcare directives in Pernambuco?

Any person over 18 years of age or emancipated, in full possession of their mental faculties, can formalize their advance healthcare directives.

How to formalize a living will at a notary office?

You appear at the notary office with an ID document and CPF, declare your decisions to the notary public, and sign the public deed, either in person or via e-Notariado.

What is the difference between a living will, a property will, and a healthcare power of attorney?

A living will deals exclusively with refusing or accepting medical procedures during life; a property will disposes of assets after death; and a healthcare power of attorney appoints a representative to make decisions on the patient's behalf.

Are doctors and family members required to honor a living will?

Yes, the decisions expressed in the public deed must prevail over the family members' wishes and guide medical conduct, provided current ethical and legal guidelines in the country are respected.

Base legal

• lei_federal 10.406 2002 — Lei nº 10.406/2002
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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