Abstract
This book sheds light on the challenges and potentials of making healthcare decisions at the end-of-life using advance directives. Advance directives provide the opportunity for people to express their refusal to consent in the future when they become unable to do so. They exemplify the kind of concern where practical questions of clinical treatment meet long standing conflicts of philosophical principles. The book shows why some advance directives often end up being ineffective, invites us to rethink the approaches to advance directives and explores strategies for improving their effectiveness. It provides a new decision-making framework aimed at making advance directives legally effective and offers a set of golden rules in the process of creating advance directives.
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Notes
- 1.
Luis Kutner “Due Process of Euthanasia: The Living Will: A Proposal” (1968–1969) 44 Ind L J 539.
- 2.
Ibid.
- 3.
Kiran Chug, Stacey Wood and Tim Donoghue “Margaret Page dies in rest home after 16 days” (2014) The Press Stuff.co.nz. http://www.stuff.co.nz/the-press/news/3532462/Margaret-Page-dies-in-rest-home-after-16-days. Accessed 20 October 2017.
- 4.
Rebecca Macfie “Dying wishes” (8 January 2015). http://www.listener.co.nz/current-affairs/health-current-affairs/dying-wishes/. Accessed 20 October 2017.
- 5.
Ibid.
- 6.
W v M and others [2011] EWHC 2443 (Fam).
- 7.
The concept and history of “living will”, the origins for ADs will be explored in Chap. 2.
- 8.
A term used in England and Wales when referring to advance directives that are legally binding.
- 9.
The term was first coined by Luis Kutner who proposed a device that enables competent people to refuse treatment when they become incompetent.
- 10.
This term is used in the Australian Capital Territory.
- 11.
This term is used in Canada generally to refer to an advance directive that expresses wishes for health or personal care. It can also be broad enough to include the appointment of substitute decision-makers.
- 12.
Ian Kerridge, Michael Lowe and Cameron Stewart (eds) Ethics and Law for the Health Professions (4th ed, The Federation Press, NSW, 2013) at 377.
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Chan, H.Y. (2018). Introduction. In: Advance Directives: Rethinking Regulation, Autonomy & Healthcare Decision-Making. International Library of Ethics, Law, and the New Medicine, vol 76. Springer, Cham. https://doi.org/10.1007/978-3-030-00976-2_1
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