With regard to the additional contents of the deed for the designation
of the support administrator, which are not specifically considered
by the legislation in question, any enactment in the act for the appointment
of the support administrator of any such advance directives –
with consequent implications of these directives on the support administrator
as well – is left to the probate judge.
In a recent judgment, the Supreme Court considered the possibility
of supplementing the act for the designation in advance of the support
administrator by the beneficiary, with the intentions of the subject and
hence the suitability of this act to convey the advance health care directives,
while specifying that the state of incapacity is a constituent element
in the provision of support:19 the judicial intervention cannot but
be simultaneous with the manifestation of the subject’s need for protection,
therefore reflecting the incapacity or infirmity from which this
need arises and which, according to the relevant regulatory framework,
represents a prerequisite of the system itself and not merely its effects.
In the case in question the Court turned down the request of a woman
to appoint in advance a support administrator whom she had chosen
herself in an authenticated private deed, in anticipation of any future
incapacity on her part, to act as guarantor of the wishes that were
simultaneously expressed with regard to medical care by the person
concerned.
The judges, in fact, point out that a de futuro designation, which is
expressed through a public or authenticated private deed, remains circumscribed
within the limits of a private initiative and that its purpose
is however due to be fulfilled, by means of the actual manifestation of
its effects, bearing in mind the unfolding of one’s personal condition,
and in the context of the judicial proceedings subsequently set in
motion, through the appropriate appointment by the probate judge.