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Will you do as I ask? Compliance with instructions about health care in Queensland

White, Benjamin P. & Willmott, Lindy (2004) 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.

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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.

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ID Code: 16971
Item Type: Journal Article
Additional Information: The contents of this journal can be freely accessed online via the journal’s web page (see hypertext link).
Keywords: Advance directives, End of life decision-making, Adult guardianship law, Living wills, Advance health directives, Law reform
ISSN: 1445-6249
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2004 Queensland University of Technology
Deposited On: 17 Dec 2008 14:46
Last Modified: 09 Jun 2010 23:15

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