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KMID : 0897520110160010011
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Journal of Korean Association of Social Psychiatry
2011 Volume.16 No. 1 p.11 ~ p.20
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Consent Competence and Adult Guardianship in the Health Care System
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Oh Chae-Keun
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Abstract
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The discussion for adult guardianship in the health care system becomes active as it is proposed in the civil law amendments of the legislation for adult guardianship system for the care of physical body. The discussion for adult guardianship in the health care system includes three significant points as follows.
First, it is a fundamental problem whether an alternate decision-making is allowed in medicine wherein self-decision is absolutely important.
Second, it’s a problem to choose who will judge and evaluate patient’s decision making capacity about medical practice and what appropriate procedure will be considered.
Third, it is a problem to identify what and how it is done when an adult guardian decides in case he or she is appointed in the field of medicine.
This article identified and analyzed the problems of the current civil law amendments, the uniqueness of its evaluation and judgment procedure for patient’s decision making capacity about medical practice, and finally the need of legislation for personally designated guardians and substitute adult guardian.
In addition, we reviewed the scope, the principles and the procedures how adult guardian could decide by a surrogate of incompetent patients and made a proposal for the division of roles between the court and professional committee.would be possible.
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KEYWORD
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Health Care System, Consent Competence, Adult, Guardianship, Right of Self-decision, Decision Making Apacity
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