The record of Advance Directive of Will: opinion of notaries of Porto Alegre city/RS

DOI: 10.15343/0104-7809.20164002257266

Abstract

The Advance Directive of Will (ADW), concerns the manifestation of will in advance in relation to care and treatment
during times when the person is unable to manifest themselves. The aim of this study was to determine how these events
were occurring in notary public offices, if the notaries were aware of its content, comprehensiveness and the needs of
society to put it on record. A questionnaire was formulated for a semi-structured interview, part of a qualitative study,
to verify how procedures are being executed at notary public offices in Porto Alegre/ RS. Twelve people responsible
for notary public offices were interviewed, the majority (66,7%) of whom knew about the Advance Directive of Will
(ADW); however, a low number of registrations occurred (less than three registrations per notary public office). It can be
highlighted that, despite the fact that ADWs were created in response to needs posed by society, this instrument is little
used. It was highlighted that, although registration is not mandatory and that there is not a law which imposes this need
on notary public officials, there is a legal security aspect attributed to acts signed before notary public officials, which
should promote a higher demand by the interested parties at competent organs.