Dignity and independence of older adults in the healthcare decision-making process: insights from the Italian legal framework

Although Italian Act n° 219/2017 on “Consenso informato e disposizioni anticipate di trattamento” (informed consent and advance healthcare directives) does not explicitly address older adults, its dispositions may also be applied to healthcare decision-making regarding older adults, in particular when affected by chronical or irreversible diseases (such as dementia), which are typical of the aged. This contribution briefly outlines, essentially for the benefit of a non-Italian audience, how the Italian legal system is currently shaped as regards the decision- making process on health interventions. Specifically, it relates the main provisions of the above-mentioned Act, with respect to informed consent, advance directives, and shared health care plans, in the light of the relevant constitutional rights of dignity, life, health, and liberty. The review shows how the Italian legal framework is open to medically assisted death, according to the circumstances and proce- dures provisionally introduced by the Constitutional Court, though it is still wait- ing for a more detailed statute, which the Parliament is currently debating.