N07E - Death & Burial (I)

One of the most worrying situations for many people when living in a foreign country is the upsetting and often confusing circumstances regarding funeral arrangements. At the saddest of times, these arrangements can add to the stress and strain already placed on surviving loved ones. Unfortunately, most people are totally unaware of what procedures to follow when a partner or dependent dies and have no immediate person to turn to for assistance. Whilst the responsible person is still in a confused and bereaved state of mind, questions arise like; what should do I do now; who should I contact; what facilities and services are available, etc. These bulletins (parts I and II) are intended for the surviving loved one or care and covers the civil procedures to follow from death of a person in Portugal to the actual disposal (burial, cremation or repatriation) of the body, ending with pointers for winding up the estate. 

Note that all references in the text to "next of kin" equally include guardians, common law partners or other designated responsible persons. 

Checklist of Immediate Actions Following a Death 
The first task is to have the death confirmed as soon as possible by a medical practitioner who will issue a Medical Death Certificate and a Transportation Authorization. This is covered in this bulletin, Part I of Death and Burial. Part II in a separate bulletin covers those tasks and options necessary for burial. As an overview, the following list summarizes all the actions to be taken following a death. However, Part I only concentrates on the first task, namely, obtaining official confirmation of death. 

Obtain confirmation of death by calling the emergency services on 112 (in case the demise occurred unexpectedly or accidentally) or the deceased’s personal physician (if the demise resulted of a condition known to the physician).

• Notify the police if the circumstances seem suspicious 

• Notify immediate family and friends 

• Appoint and agree the arrangements with a Funeral Director (including a service overseas if repatriation is required) 

• Notify the appropriate consulate 

• Notify the deceased’s lawyer – Take note! - The authorities must be informed within three days of death of the existence of a private will (a will not officially registered with a Notary or the Authorities) 

• If available, check written wishes of the deceased regarding funeral arrangements, disposal of body etc. If the deceased has funeral insurance, contact the insurance company to verify what the policy actually covers 

• Nominate a charity to receive donations in lieu of flowers if so desired 

• Contact the local minister to agree and arrange a religious service 

• Notify friends and family of the funeral arrangements 

• Inform the press of obituary notice in local and/or homeland newspapers 

• Notify appropriate Portuguese Authorities and institutions of the death

Immediate Actions to be taken following Death 

Obtain Confirmation of Death 

a) If the death occurs at home, you should call the deceased's personal physician who will confirm the death and issue a "Medical Death Certificate /Transportation Authorisation", recording the date, time, and cause of death. If you or the physician consider the death to be unexpected or suspicious, the police should be notified who will require the deceased’s removal to the nearest mortuary. Generally, as a foreigner, it is better to call the Emergency Services to report a death. In that way, they will ensure that the correct procedures are followed. 

If the deceased does not have a personal physician or, the physician is unobtainable, call the Emergency Services (112). They will send a doctor or medical examiner via INEM who will confirm the death and provide some instructions about the next procedures that the local authorities will follow. Emergency Services will also dispatch the local Bombeiros or a local funeral director to transport the body to the nearest mortuary. 

b) If the death occurs outside the home, e.g. heart attack in the street, on the beach etc., the situation is generally taken care of by the emergency services. 

Seek local help; call the Emergency Service on 112 for assistance. The emergency service along with the local police will dispatch a doctor to confirm the death and arrange transport the body to the nearest mortuary. Particularly, in the case of visitors to Portugal, notify the deceased’s consulate, and call the deceased's health/travel insurance company if he/she has insurance because they may have agreements with or preferences on the funeral agency to be used. 

c) If the death is the result of an accident always call the Emergency Services on 112 and request medical and police attendance at the scene. The body will be transported to the nearest mortuary. If you were not present at the time of the accident, the Portuguese authorities will most likely contact you to identify the body.

d) If the death occurs in a Hospital or Nursing Home, the hospital or nursing home will inform the next of kin who will probably be required to attend the facility to identify the body. 

The attending doctor will issue a Medical Death Certificate, recording the date, time and cause of death. Furthermore, if he/she wishes, the next of kin may request an autopsy or the autopsy waiver but note that the local authorities always have the final decision if the autopsy should or shouldn’t take place. If the family want’s an autopsy to be performed even though the authorities decide that there’s no reason for that, an autopsy realization payment will be request to the next of kin that request this act. 

In the event that an autopsy is carried out, the pathologist will issue a certificate stating cause of death. If the death was unexpected or suspicious, the hospital or nursing home will inform the police. 

The police will request the Department of Health pathologist presence to determine whether an autopsy is necessary and, if so, the pathologist to perform the procedure. This doctor will issue a Medical Death Certificate, recording the date, time and most likely stating the cause of death as unknown. 

The attitude towards a requirement for autopsy depends on the death circumstances, and is always decided by the local Court officer. It is decided within 24-48 hours whether an autopsy is required. 

Following autopsy, the pathologist will issue one certificate stating cause of death and the transportation authorisation. Note that the cause of death isn’t always determined at the autopsy, and often are required complementary exams to the deceased’s organs samples.

The medical death certificate with the cause of death won’t be available to the next of kin or to the funeral director, as the Portuguese Law states that this is confidential information.

Notifying Police 
The police should always be called in the event of accidental death. This is necessary to establish possible culpability and a police report will be required by insurance companies if claims are made. 

In suspicious circumstances, the police may be called by the next of kin (or person responsible), the personal physician or the hospital. 

Take note 

Donation of organs
In Portugal, the law allows that organs for transplanting, medical research and or teaching may be taken "post mortem" from anybody. It is for an individual who does not wish such use of his/her organs to state so prior to death. This can only be accomplished by completing and filing the appropriate form in triplicate "RENNDA – Registo Nacional de Não Dadores" at your local Centro de Saúde, a copy of which can be found on the website: where it says IMPRESSO

Staff at the Centro de Saúde will assist you in completing the form. A legal representative can also present this post mortem but section 2 of the form – details of the legal representative – must have been filled in. This should be done immediately post mortem and your copy presented to the hospital or mortuary where the body is held.

Acknowledgements

The information in this bulletin was obtained from: 

• afpop archives - specifically "Guidelines to Well-Ordered and Dignified Dying in Portugal" 

• Servilusa

• Aliança Evangélica Portuguesa 

• Centro de Saúde in Portimão 

• Bombeiros in Portimão 

Every care has been taken to verify the facts in this document. We therefore ask you to communicate any errors that you may find with the data herein or suggestions for the inclusion of additional information, to the afpop office. We would appreciate any constructive feedback on members' own experiences with this subject matter.

Other related bulletins in this series cover

Pre Death Planning (N01)

Winding up of an Estate (N02)