L'AMMINISTRAZIONE DI SOSTEGNO: UNA VIA ALTERNATIVA AL TESTAMENTO BIOLOGICO?

The present dissertation intends to describe how the legislation regarding the “amministratore di sostegno”,as interpreted by some judges, interacts with the constitutional provisions concerning the right to self-determination and more specifically the right to self-therapy. The research is organized in three chapters. The first one analyzes the informed consent as expression of the right of self-determination and the protection of this right for incapable persons. The second chapter sets out to identify the main features of the discipline of the “amministrazione di sostegno” with particular regard to those interpretations that extend the powers of the “amministratore di sostegno” to the informed consent given on behalf of a third person. The last chapter is structured in three parts: the first one tries to point out the limits of a recostruction ex post of the incapable's will throught the analysis of a recent case that involves the "amministratore di sostegno".The second part examines in details the most emblematic examples in which the role of the “amministratore di sostegno” may be involved in the jurisprudence application as a possible substitute of the living will. The last part of the present chapter aims to examine the role of the “amministratore di sostegno” within the living will bill that is going to be adopted by Italian Parliament.