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KMID : 1011120200130030081
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Bioethics Policy Studies
2020 Volume.13 No. 3 p.81 ~ p.106
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A Study on the Establishment of Life Sustaining Treatment Decision System for Patient without Surrogate
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Koo Young-Shin
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Abstract
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With the enactment and enforcement of the Act on decisions on life-sustaining treatment for patients in hospice and palliative care or at the end of life, life-sustaining treatment decisions were institutionalized in our society. The law has a system of proxy decision-making in case the patient’s intention cannot be verified, but there is no system for proxy decision-making for patients without surrogate as it is limited to consensus of all family members. Among the current systems for proxy decision- making for patients without surrogate are the Institutional Ethics Committee, adult guardianship, and the health care proxy that will be discussed in the future. But the above system has limitations that cannot be a practical alternative at the moment. A more important issue than who makes proxy decisions would be specific measures to ensure that they are in the best interests of the patient. Therefore, the UK’s Independent Mental Capacity Advocate, which supports important decision-making on the treatment and care of the incompetent, is very useful. This system is designed to support decisions that meet the patient’s best interests, and it can be said to be an independent spokesman representing the interests of the incompetent, which provides specific measures and procedures that represent the patient's interests, which can be useful in our legal system
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KEYWORD
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Act on decisions on life-sustaining treatment for patients in hospice and palliative care or at the end of life, Life-sustaining treatment, Patients without surrogate, Best interest, Institutional Ethics Committee, Mental Capacity Act, Independent Mental Capacity Advocate
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