Refusing advance refusals: advance directives and life-sustaining medical treatment
Willmott, Lindy, White, Benjamin P., & Howard, Michelle T. (2006) Refusing advance refusals: advance directives and life-sustaining medical treatment. Melbourne University Law Review, 30(1), pp. 211-243.
The law recognises the right of a competent adult to make an advance refusal of life-sustaining medical treatment. However, this right is not unqualified and there are circumstances in which a health professional or a court will be permitted to disregard an advance directive. Underpinning this qualified right is the tension between the principles of self-determination or autonomy, and sanctity of life. This article explores the excuses available in Australia to health professionals who do not wish to comply with an advance directive. It compares the common law with those jurisdictions that have enacted legislation, and evaluates and critiques the different excuses available.
Citation countsare sourced monthly fromand citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.
|Item Type:||Journal Article|
|Keywords:||Advance directives, Adult guardianship law, End of life decision-making, Living wills|
|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|
Current > Schools > School of Law
|Copyright Owner:||Copyright 2006 (The authors)|
|Deposited On:||20 Apr 2007|
|Last Modified:||29 Feb 2012 23:20|
Repository Staff Only: item control page