Advanced Healthcare Directives From a Comparative Perspective and Proposals for Turkish Law
Küçük Resim Yok
Tarih
2021
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Istanbul Univ, Fac Law
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
As a result of the aging population and the improvement in average life expectancy, the visibility of psychiatric diseases causing loss of mental competence has considerably increased. The aging population presently enjoys expanded options in social life and improved support within the legal system. These positive changes resulted from the combined effort of the academic and legislative bodies toward finding ways to support patient autonomy and self-involvement in decision-making in case of loss of mental competence. This article focuses on the regulations, known as the advance healthcare directives, prepared for application when a drafter loses mental capacity. The genesis of this concept and efforts toward its adoption are discussed and analyzed from a comparative lens. This study examines advance healthcare directives in a wider sense, including instruction directives and durable powers of attorney. As Turkish law lacks a legal rule providing for bindingness for these kinds of dispositions, certain de lege ferenda proposals in line with the comparative findings have been proposed at the end of this paper.
Açıklama
Anahtar Kelimeler
Advance Healthcare Directive, Durable Power Of Attorney, Patient Rights, Guardianship, Loss Of Mental Capacity, Decision-Making, Living Will
Kaynak
Istanbul Hukuk Mecmuasi
WoS Q Değeri
N/A
Scopus Q Değeri
Cilt
79
Sayı
2
