L’anziano vulnerabile nella disicplina della relazione di cura e nelle scelte di “fine-vita”: criticità e prospettive

This essay examines the legal protection of vulnerable elderly individuals under Italian law, specifically regarding healthcare and end-of-life decisions, with a focus on Law No. 219/2017 and Legislative Decree No. 29/2024. It presents a taxonomy of elderly vulnerability, emphasizing its heterogeneous nature, driven by factors such as frailty, cognitive decline, dependency, and social isolation. The analysis observes that the legal framework on informed consent and advance care planning does not specifically address the vulnerable elderly a distinct category; rather, they are subsumed under the general categories of competent or incompetent adults. However, the essay argues that the existing legal framework governing healthcare decision-making – including end-of-life matters – as interpreted and applied to vulnerable elderly persons, is overall adequate and consistent with constitutional principles of dignity, selfdetermination and health protection. Nonetheless, the essay identifies some areas for improvement, particularly the formal recognition of representative health care powers for caregivers regulated under Legislative Decree No. 29/2024.