Anticipated Order

An anticipated order is a notarial document by which a person designates another individual in advance to make decisions, take actions, and represent their interests in the event of circumstances prescribed by law. Additionally, through such an order, the person may express their will in advance and make decisions regarding certain life or health-related matters that can reasonably be foreseen in the future.

By introducing anticipated orders into Croatian legislation, the legislator has further affirmed the application of the principle of individual autonomy, as it allows a person, while still legally competent, to decide in advance—through a declaration made in a strictly prescribed form—on various life situations in the event of their future incapacity to make such decisions independently.

Areas of Application

The areas of application of anticipated forms of decision-making in the Republic of Croatia encompass several segments and groups of legal provisions, primarily within the framework of: Family law (e.g., an anticipated order may designate a guardian in the event of deprivation of legal capacity, or provide instructions regarding organ and tissue donation), Protection of persons with mental disorders (e.g., to give or withhold consent for specific medical procedures), Protection of patients’ rights.

An anticipated order may also regulate matters after the death of the person who issued it, including decisions regarding burial and funeral arrangements.

Requirements for Validity of Anticipated Orders

An anticipated order will be legally valid only if specific legal conditions are met concerning its content and form, the person issuing the order, and the guardian appointed by it.

This matter is regulated by the Ordinance on the manner of keeping the registry and files of persons under guardianship, the method of inventorying and describing their assets, submission of reports and accounting by guardians, and the content and form of powers of attorney and anticipated orders.

According to the Ordinance, the mandatory content of an anticipated order includes:

– Information about the issuer (full name, personal identification number, date and place of birth, permanent and temporary residence),

– A statement by which the issuer names the person they wish to be appointed as guardian or deputy guardian in the event of legal incapacity, or a parent’s statement on choosing a guardian for a child under conditions set by the Family Act,

– A statement of consent for that person to be appointed as special guardian,

– A statement by which the issuer decides on procedures and measures such as sterilization, tissue and organ donation, and life-sustaining measures,

– Information about the designated person (full name, personal identification number, date and place of birth, permanent and temporary residence, and contact details).

The decision to issue an anticipated order must be the free and personal will of the issuer. Therefore, the statement must not be made under pressure, coercion, threats, or in exchange for any monetary or material benefit. At the moment of issuing the order, the person must be legally competent, informed of the legal consequences of the order, and aware of the possibility of its revocation, to which the notary public must pay special attention.

Revocation

An anticipated order may be revoked at any time in the same form in which it was issued. This means that the revocation must also be made in the form of a notarial document.