Most people are frightened not so much by the
fact of death as by the process of dying. A natural, peaceful death
is much to be preferred over a meaningless and prolonged artificial
existence.
A life prolonged as a result of increasingly sophisticated technology
can drain your family emotionally - they are compelled to endure
your condition. In addition it may drain your own financial assets
and those of your immediate family.
In a Living Will you can express your rational choice of when
to discontinue life support and when to withhold treatment of a
fatal illness if you are already suffering from a life-threatening
condition. Doctors may be reluctant to accept the decisions of
a seriously ill patient because of uncertainty about his/her rational
state of mind. As a result, your health care providers have some
legal protection, which may lessen the chances of a lawsuit against
them.
Your ability to pre-determine the precise circumstances in which
further treatment should be withheld is very important, as well
as stating which members of your family should have the power to
decide at what point to withdraw life support.
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A Living Will does not carry the same legal status as
that given to a Last Will and Testament in England or Hong
Kong, although it is legally accepted in the USA and Australia.
Living Wills must be made at a time when the Testator is in
full possession of his or her mental faculties and may be revoked
or altered at any time prior to mental incapacity. It is advisable
to review (and revise if necessary) a Living Will every two
years so that it reflects an up-to-date statement of your wishes.
Professional Wills Ltd. will ensure that you are reminded regularly
to review the document.
The British Medical Association strongly supports the
principle of Living Wills, and recognises the appointment of
health care proxies (a proxy is a person appointed by you to
act on your behalf and in accordance with your |
instructions.) It is helpful in communicating your views if
you are no longer capable of expressing them. It should however,
be noted, that no person has a legal right to accept or decline treatment
on behalf of another adult.
Therefore, doctors are not obliged
by their professional ethics to comply with a Living Will, but must
be prepared to allow other doctors to take over the treatment of
a patient who has expressed a wish, in writing, about his or her
treatment. It is strongly recommended that a Living Will should be
drawn up with the knowledge and co-operation of your General Practitioner
and any other doctors who are concerned with your treatment. Once
signed, a copy of the Living Will must be lodged with your GP. Doctors
who have conscientious objections to the principle of a Living Will
should advise their patients of their views at the outset. Living
Wills cannot be used to insist upon specific treatments (for example,
euthanasia).
At time of writing, the Hong Kong Government has
issued a consultative document on Living Wills, but no formal policy
has yet been agreed. More information on this topic can be found
at www.hkreform.gov.hk/reports/index.htm.