Puerto Rico Living Will Requirements
Based on Act No. 160 of 2001 (Ley de Declaración Previa de Voluntad sobre Tratamiento Médico)
Quick Summary
- Document type: Declaración Previa de Voluntad (Advance Statement of Will Regarding Treatment)
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Puerto Rico requires 2 witnesses who are present when you sign your declaración previa de voluntad (advance statement of will regarding treatment). Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least twenty-one (21) years of age
- A witness cannot be an heir or beneficiary of the declarant
- A witness cannot participate in the direct medical care of the declarant
- A witness cannot be the declarant's attending physician
- A witness cannot be the declarant's designated health care agent (apoderado)
- If executed before a notary instead of a physician and two witnesses, the notary cannot be related to the declarant or be a beneficiary under the declarant's will
When Your Living Will Takes Effect
Your Puerto Rico living will becomes effective when the following conditions are met:
Terminal Illness
A terminal and irreversible health condition (condición de salud terminal) is an incurable and irreversible disease or health condition that has been medically diagnosed and, according to informed medical judgment, will cause the patient's death within a period of no more than six (6) months.
Persistent Vegetative State
A persistent vegetative state (estado vegetativo persistente) is a condition in which the patient is unaware of themselves or their surroundings and is unable to interact with others, and it is reasonably certain that the patient will never recover this awareness or ability even with medical treatment.
Irreversible Condition
Puerto Rico's Act 160-2001 does not define a separate "irreversible condition" trigger distinct from terminal illness. The primary triggering conditions are terminal and irreversible health condition and persistent vegetative state.
Important Notes for Puerto Rico
- Puerto Rico follows Act No. 160 of November 17, 2001 (Ley de Declaración Previa de Voluntad sobre Tratamiento Médico en caso de Sufrir una Condición de Salud Terminal o de Estado Vegetativo Persistente)
- There are two valid methods of execution: (1) sign and date in the presence of a physician and two witnesses who are at least 21 years of age, or (2) sign and date in the presence of a notary public
- If executed in a physician's office or hospital, the physician and two witnesses must not benefit from the patient's death or be directly involved in their care
- The declarant must be an adult (18 years or older) in full exercise of their mental faculties at the time of execution
- The declarant may designate a health care agent (apoderado) to make medical decisions not specifically addressed in the advance directive, consistent with the declarant's values and wishes
- A declaration may be revoked at any time by the declarant, without regard to mental or physical condition, by physical destruction, written revocation, or verbal expression of intent to revoke
- Puerto Rico recognizes the right of every competent adult to declare in advance their will regarding medical treatment in case of a terminal health condition or persistent vegetative state
- The advance directive form is available in both English and Spanish
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.