Abstract

The law regulating euthanasia in Spain establishes that individuals without decision-making capacity are eligible for assisted dying if they have previously signed anadvance directive and meet the criteria of an “euthanasic context”. This article aims toexpose a vulnerability in the handling of assisted dying requests in Spain, particularlyconcerning individuals with dementia. To address this, we will examine the requirements for requesting euthanasia both with and without advance directives and compare Spain’s legal framework for advance directives with that of other countries.Subsequently, we will present two types of arguments: one negative (as the directiveshelp prevent certain harmful circumstances) and one positive (as they promote desirable situations), which underscore the vital importance of implementing changes in theuse of advance directives to request euthanasia in cases of dementia.