Advance Directives Law (Ley de Voluntades Anticipadas)
Imagine being unable to speak for yourself during a medical emergency. What treatments would you want—or refuse? In Costa Rica, a significant step toward protecting personal dignity and autonomy came with the Advance Directives Law (Ley de Voluntades Anticipadas, Law No. 10231). Effective since May 5, 2022, this legislation ensures your medical preferences are respected—even when you cannot voice them yourself.
What Are Advance Directives?
Advance directives are legal documents that allow individuals to outline their medical care preferences in advance. This includes decisions about treatments, end-of-life care, and the appointment of a trusted person to speak on their behalf. The document must be voluntary, clear, and signed while the person is in full use of their legal and cognitive faculties.
This approach is similar to the “Five Wishes” model familiar to many in the U.S., which asks: Who will make decisions for you? What treatments do you want? How comfortable do you want to be? How do you want to be treated? What do you want loved ones to know? Costa Rica’s law embraces this holistic view, allowing for the inclusion of medical, ethical, religious, and personal values.
Key Features of the Law
Legal Recognition: Individuals can name a primary and backup health representative to ensure their wishes are followed.
Flexible Format: The declaration must include name, ID number, signature, date, time, and location; it can be formalized before a notary public, certified health professionals, or designated officials.
Modifiable and Revocable: The document can be updated or revoked at any time and must be renewed every five years.
Clear Limits: The law prohibits euthanasia and does not override public health obligations or emergency protocols.
Confidentiality and Accessibility: Hospitals must include the directive in the national electronic health record (EDUS), ensuring it’s available when needed.
Why It Matters to Expats and Professionals
For expats, family business owners, and independent professionals living in Costa Rica, this law offers an essential opportunity: to retain control over personal healthcare in line with your values and beliefs—even in crisis. It’s also a smart legal move to avoid uncertainty for your family or healthcare providers.
At DILECTUS Outsourcing, we help clients create, formalize, and update advance directives. If you’ve already completed a “Five Wishes” document in the U.S., we can guide you through adapting it to comply with Costa Rican legal standards.
Take Control of Your Healthcare Decisions
Your voice matters—especially when you may not be able to speak. Let our team help you protect your health choices, ensure legal clarity, and find peace of mind through a properly executed advance directive.
Note: This publication provides general information on legal and accounting updates in Costa Rica and does not constitute legal advice. For specific inquiries, please contact our team.