Will You Do as I Ask? Compliance with Instructions About Health Care in Queensland
Queensland University of Technology Law and Justice Journal, 4(1), pp. 77-87, 2004
12 Pages Posted: 10 Jul 2016
Date Written: 2004
The principle of self determination in the context of medical decision making is an important one. For many years now, the common law has recognised that a person can give a directive about a health matter that may be effective if that person later loses capacity to make the decision. The importance of this autonomy was also recognised by the QLRC when it reviewed the law on substituted decision making. In addition to recommending the introduction of a statutory scheme that included advance health directives as one method of decision making for those with impaired capacity, it also recommended the retention of common law directives. Unfortunately, the way in which these recommendations were implemented seems to have defeated these intentions. To remedy this anomaly, it is suggested that the minor legislative amendment recommended in this article be adopted.
Keywords: Advance directives, End of life decision-making, Adult guardianship law, Living wills, Advance health directives, Law reform
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