The author analyzes the possible paths for the formalization of the anticipated will regarding the care provided for by law no. 219/2017, identifying them in the advance treatment provisions (DAT) and in the shared care planning (advance care planning) of which he examines the merits and related defects. He proposes to invest better and more in shared care planning, indicating the advantages and opportunities that derive from its gradual formation within the care relationship, while signaling the need to proceed promptly with the appointment of the trustee, provided in an optional form by the law. He then addresses the role exercised by this representative figure which is to assist the care team throughout the disease trajectory and not only when it is necessary to honor the wishes and preferences expressed by the person when he was in a position to do so, and he does it criticizing the choice made by the legislator who indicated it in full possession of the ability to understand and want.
Keywords: anticipated will, advance treatment provisions, advance care planning, trustee, ability to understand and want, decision making