The manifest need to guarantee the implementation of choices in
compliance with the convictions of the individual concerned arises
after all in the context of a transition from the perspective of the search
and reconstruction of a consent which is legitimate in terms of civil law
to the direct application of constitutional rules regarding personal freedom;
a perspective according to which self-determination in terms of
health care, free from the logic of contractual consent, constitutes an
expression of the individual’s absolute rights.37
In this context there is also room for discussion on the validity to be
assigned to any advance health care directives contained in the act of
designation of the support administrator by the beneficiary, but not
acknowledged in the appointment by the probate judge.
Some persons hold the view that any advance health care directives
possibly included in the act of designation would constitute the main
source on which to draw information regarding the wishes of the person
to whom the protection measure applies and would acquire the
same importance as the needs and wishes expressed by the beneficiary
throughout the course of the support administration,38 even in the light
of article 410, para 2 of the Civil Code (Duties of the support administrator),
according to which in case of dispute, of harmful choices or
acts or negligence in pursuing the interests or in satisfying the needs
or requests of the beneficiary, the latter, the public prosecutor or other
subjects set out in article 406 may appeal to the probate judge, who
shall adopt by means of a reasoned act the appropriate provisions: this
is a solution that can also be extended, in the view of these Authors, to
cases in which the wishes expressed in advance by the subject are contained
in a separate act