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Two steps forward, one step back: advance care planning, Australian regulatory frameworks and the Australian Medical Association

Parker, Malcolm, Stewart, Cameron, Willmott, Lindy, & Cartwright, Colleen (2007) Two steps forward, one step back: advance care planning, Australian regulatory frameworks and the Australian Medical Association. Internal Medicine Journal, 39(9), pp. 637-643.

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Abstract

The Australian Medical Association has recently adopted a policy position concerning advance care planning, which is generally supportive of extending patient self-determination beyond the loss of decision-making capacity. It calls for uniform national legislation for legally enforceable advance health directives (AHD), and statutory protection for practitioners who comply with valid AHD, or who do not comply on several grounds. Analysis of the grounds for non-compliance indicate that they undermine patient autonomy, and aspects of the policy are inconsistent with current common law and statutory regimes that allow an adult to complete a legally binding AHD. The policy therefore threatens the patient self-determination, which it endorses, and places doctors who participate in advance care planning at legal risk.

Impact and interest:

8 citations in Scopus
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8 citations in Web of Science®

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398 since deposited on 05 Sep 2008
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ID Code: 14746
Item Type: Journal Article
Keywords: advance care planning, enduring power of attorney, advance health directives, patient autonomy, Australian Medical Association, good medical practice
DOI: 10.1111/j.1445-5994.2007.01437.x
ISSN: 1444-0903
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Blackwell Publishing
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 05 Sep 2008
Last Modified: 29 Feb 2012 23:32

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