Substitute decision making in medicine: comparative analysis of the ethico-legal discourse in England and Germany [Book Review]

Medicine, Health Care and Philosophy 11 (2):153-163 (2008)

Health care decision making for patients without decisional capacity is ethically and legally challenging. Advance directives (living wills) have proved to be of limited usefulness in clinical practice. Therefore, academic attention should focus more on substitute decision making by the next of kin. In this article, we comparatively analyse the legal approaches to substitute medical decision making in England and Germany. Based on the current ethico-legal discourse in both countries, three aspects of substitute decision making will be highlighted: (1) Should there be a legally predefined order of relatives who serve as health care proxies? (2) What should be the respective roles and decisional powers of patient-appointed versus court-appointed substitute decision-makers? (3) Which criteria should be determined by law to guide substitute decision-makers?
Keywords advance directives  England & Wales  Germany  guardianship  health care proxy  next of kin  power of attorney  substitute decision making  end-of-life decision making
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DOI 10.1007/s11019-007-9112-0
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References found in this work BETA

Enough: The Failure of the Living Will.Angela Fagerlin & Carl E. Schneider - 2004 - Hastings Center Report 34 (2):30-42.

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Citations of this work BETA

CQ Sources/Bibliography.Bette Anton - 2010 - Cambridge Quarterly of Healthcare Ethics 19 (2):230-231.
CQ Sources/Bibliography.Bette Anton - 1999 - Cambridge Quarterly of Healthcare Ethics 8 (4):348-350.
CQ Sources/Bibliography.Bette Anton - 2010 - Cambridge Quarterly of Healthcare Ethics 19 (3):402-406.

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