Certification of a patientʼs will in healthcare institutions: Medico-legal challenges and practical application
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1
BOGOMOLETS NATIONAL MEDICAL UNIVERSITY, KYIV, UKRAINE
2
SCIENTIFIC RESEARCH INSTITUTE OF MARITIME AND SPACE LAW, KYIV, UKRAINE
3
V.M. KORETSKY INSTITUTE OF STATE AND LAW OF THE NATIONAL ACADEMY OF SCIENCES OF UKRAINE, KYIV, UKRAINE
4
KYIV UNIVERSITY OF INTELLECTUAL PROPERTY AND LAW, KYIV, UKRAINE
5
RESEARCH INSTITUTE OF PUBLIC LAW, KYIV, UKRAINE
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«KANDIIA MED» LLC, KYIV, UKRAINE
Publication date: 2026-06-30
Wiadomości Lekarskie 2026;(6):1306-1311
KEYWORDS
ABSTRACT
Aim:
To analyze medico-legal challenges and the practical application of patients’ will certification in healthcare institutions during inpatient care.
Material and Methods:
A retrospective medico-legal analysis of court decisions from the Unified State Register of Court Decisions of Ukraine (2015–2026)
was conducted. Of more than 450 identified cases, 60 met the inclusion criteria related to disputes over wills certified in healthcare institutions. Statistical
analysis included Pearson’s χ² test, Fisher’s exact test, and odds ratios (OR) with 95% confidence intervals (CI). Additionally, a survey of 28 medical professionals
assessed practical aspects and challenges of will certification in clinical settings.
Results:
Wills certified by medical professionals and healthcare institution officials accounted for 60.0% of cases, while 40.0% were notarized. The proportion of
wills declared invalid or void was significantly higher in the medical group (41.7%) compared to the notarial group (12.5%). A statistically significant association
was identified between the certifying subject and court outcomes (χ² = 5.83; p=0.016; Fisher’s exact test p=0.031). Certification by medical personnel was
associated with a fivefold increase in the likelihood of invalidation (OR=5.0; 95% CI: 1.24–20.15). Survey findings revealed insufficient legal knowledge and
difficulties in assessing testamentary capacity and voluntariness.
Conclusions:
Wills certified in healthcare settings demonstrate lower legal reliability compared to notarized wills. This may be attributed to clinical, organizational,
and legal factors, including challenges in capacity assessment and limited legal training of medical staff. The findings highlight the need for improved
interdisciplinary protocols.