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

See all articles by Ben White

Ben White

Queensland University of Technology - Faculty of Law

Lindy Willmott

Queensland University of Technology - Faculty of Law

Date Written: 2004

Abstract

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

Suggested Citation

White, Ben and Willmott, Lindy, Will You Do as I Ask? Compliance with Instructions About Health Care in Queensland (2004). Queensland University of Technology Law and Justice Journal, 4(1), pp. 77-87, 2004. Available at SSRN: https://ssrn.com/abstract=2806850

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

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