Research On Advance Directive For Health Care

In China,there is no clear legal provision to regulate how to protect their medical autonomy when patients lose their ability to perform,and how to implement appropriate medical measures according to the patient's own medical wishes.The advance directive for health care is a legal system that pre-arranges medical treatments when the patient has not lost the ability to perform.It maintains the patient's medical autonomy.It is worth noting that the advance directive is based on the patient's “decision making ability”,which is the premise for the patient to set up an advance directive.In practice,it relies mainly on the doctor's evaluation according to their own experience.As a new type of legal system,the advance directive system is justified by the continuous development of patients' medical autonomy,which they can make medical decisions independently;by the promotion of the concept of "normalization" of disabled people,which they can avoid being comprehensive supervision to maintain self-dignity;As the global aging and disability deepen,a series of documents from relevant organizations such as the United Nations will be introduced to assist themselves,and the decision to develop has provided an opportunity for the development of the advance directive system;of course,the most important theoretical support comes from the “complete autonomy” and “pre-autonomy” theory put forward by Professor Ronald Dworkin.The medical decision made by the patient himself with medical decision-making ability extends to the stage where the patient has no medical decision-making ability.The advance directives legislation originated in the United States.After three or four decades of development,remarkable achievements have been made,and the USstate laws have also detailed regulations on the establishment requirements and implementation methods of advance medical directives.Subsequently,the United Kingdom,Australia,Singapore,Taiwan,etc.also actively develop advance directives.This article will focus on the operation of advance directives,including the establishment of the pre-medical instructions,force,implementation,and dissolution of the four aspects,in order to provide experience for the construction of advance directives in China.The requirements of the advance directive are mainly related to whether the advance directive must be established in writing,whether the witness is required,and the subject qualifications such as the medical continuous agent and the witness involved in the advance directive;The legal act of the condition,that is,the advance medical instruction will only take effect when the patient himself loses the ability to make medical decisions.Considering that the contents of the living will and durable power of attorney for health care are different,the requirements for the living will and durable power of attorney for health care are explained separately.The requirements for the implementation of the advance directive are mainly dependent on the doctor's knowledge and access to the advance directive document,and the patient,the doctor and the medical continuity agent are allowed to release the advance directive under different conditions.Finally,many social phenomena indicate that the advance directive system has a very large space for application in China,and because China's current medical legal system cannot solve the problem of patients' medical problems when they lose their medical decision-making ability,they cannot guarantee the medical care of patients.Self-sovereignty,so China should also learn from advanced foreign legislation to build an advance directive system.