Il ruolo del fiduciario in prospettiva comparata

Abstract

The essay analyzes the role of the healthcare agent in some European civil law and common law legal systems. The comparative analysis will highlight the peculi- arities of the regulation of this institute in each of the jurisdictions examined, which assigns the healthcare agent the delicate task of interacting with physicians if the pa- tient is incapable of deciding on medical treatments. The powers proper of the “Be- treuer” in Germany, the “Attorney” in England, and the “Personne de confiance” in France do not coincide perfectly with the Italian comparable, configuring a different legislative balance between patient’s autonomy and physicians’ will.