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authors: Tamayo Velázquez MI ,Simón Lorda P
last update: 26/05/2008
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The Kingdom of Denmark is a country situated in the Scandinavian region of northern Europe. Denmark consists of the peninsula of Jutland (Jylland) and 443 named islands (1419 islands above 100 m² in total). Denmark’s population (as at 1 January 2008) was 5,475,791, giving Denmark a population density of 129.16 inhabitants per km2 (334.53 inh/sq mi).
A complete description of the DanishHealth Care System available online at:
World Health Organization - Regional Office for Europe
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Advance directives have legal status in Denmark according to the Law on Patients’ Legal Status (No. 482, 1998). They are legally binding in certain circumstances and advisory in others.
- Any person who has attained the age of 18 years and is not under guardianship that encompasses his personal circumstances, including health, may draw up a living will.
- The person concerned may express in the will his wishes concerning treatment in the event of his being in a situation where he is no longer able to exercise the right of self-determination by himself.
- In a living will, the patient may stipulate:
- that he does not wish to have recourse to life-prolonging treatment in a situation in which his death is inevitable; and
- that he does not wish to have recourse to life-prolonging treatment in a case where disease, advanced infirmity trough old age, an accident, cardiac arrest, or the like result in such severe incapacity that he is permanently unable to take care of himself both physically and mentally.
- Some people express their future wishes in powers of attorney documents. Such wishes are not legally binding but may serve as guidelines for the attorneys who have been appointed.
- The validity of an advance directive is not limited to a set period of time.
- A patient may always revoke the living will by issuing a written and clear notification to the Registry.
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Advance directives have legal status in Denmarkaccording to the Law on Patients’ Legal Status (No. 482, 1998).
The Sundhedsstyrelsensvejledning nr. 158 af 15. september 1998 om lægers forpligtelser i relation tilindholdet af livstestamenter and the Sundhedsstyrelsenscirkulære nr. 157 af 15. september 1998 om lægers forpligtelser i forbindelsemed livstestamenter set the rules on living wills.
The law distinguishes two differents situations.When the a patient is unable to exercise his right of self-determination by himself, and a health care provider envisages commencing life-prolonging treatment for a person whose death is inevitable the wishes expressed in the living will are binding.
However if the recourse to life-prolonging treatmentis in a case where the result of the disease (advanced infirmity trough oldage, an accident, cardiac arrest) is in such severe incapacity that he is permanently unable to take care of himself both physically and mentall, theliving will is not binding for the health care provider and must be taken into consideration as a recommendation.
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The law empowers the Interior and Health Minister to establish a living wills register and determine regulations for theissue, design, registration and withdrawal of living wills. The registrationprocedure currently costs about 7 €.
A clear statement issued in a different manner may be given legal status equivalent to an advance directive filed on the official formula, if a physician becomes aware of its existence and content.
- Central Registry. Livstestamenteregistret.Rigshospitalet, Afsnit 41-0-2, Blegdamsvej 9. 2100 København Ø.
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Required form
There is no an official form but there are asociations that provide models on line:
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More information on AD in Denmark can befound at the following organizations:
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Research projects -
Publications
Books
- H. NYS, et al., “Patient Rightsin the EU - Denmark”,European Ethical-Legal Papers N°2, Leuven,2007. ISBN: 978 90 334 6531 4.
Articles
Links
Other resources
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