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Advance Healthcare Directives: Legal Frameworks and Global Perspectives

At a Glance

Title: Advance Healthcare Directives: Legal Frameworks and Global Perspectives

Total Categories: 6

Category Stats

  • Fundamentals of Advance Directives: 19 flashcards, 11 questions
  • Historical Development and U.S. Legislation: 10 flashcards, 9 questions
  • Evolution of Directive Types: 18 flashcards, 11 questions
  • Psychiatric Advance Directives (PADs): 15 flashcards, 9 questions
  • International Legal Frameworks and Adoption: 52 flashcards, 24 questions
  • U.S. Societal Context and State-Level Implementation: 21 flashcards, 12 questions

Total Stats

  • Total Flashcards: 135
  • True/False Questions: 39
  • Multiple Choice Questions: 37
  • Total Questions: 76

Instructions

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Study Guide: Advance Healthcare Directives: Legal Frameworks and Global Perspectives

Study Guide: Advance Healthcare Directives: Legal Frameworks and Global Perspectives

Fundamentals of Advance Directives

An advance healthcare directive is exclusively known as a living will in the United States.

Answer: False

The term 'advance healthcare directive' is a broad category that includes documents like living wills, personal directives, and healthcare proxies. A living will is one specific type of advance directive, not the exclusive term for it.

Related Concepts:

  • How does a living will relate to the broader category of advance directives?: A living will is one specific form of an advance directive, providing instructions for medical treatment.
  • Define an advance healthcare directive and list its alternative names.: An advance healthcare directive is a document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves due to illness or incapacity. It is also known as a living will, personal directive, advance directive, medical directive, or advance decision.

In some countries outside the U.S., an advance healthcare directive is legally persuasive but not considered a formal legal document.

Answer: True

The source material specifies that while an advance healthcare directive has legal status as a document in the United States, in some other countries it is considered legally persuasive rather than a formal legal document.

Related Concepts:

  • Compare the legal status of an advance healthcare directive in the U.S. to that in other countries.: In the United States, an advance healthcare directive has legal status as a document. In contrast, in some other countries, it is legally persuasive but may not be considered a formal legal document.

The Five Wishes document in the United States is an example of a combined advance directive that integrates various aspects of advance care planning.

Answer: True

The source identifies the Five Wishes document as an example of a combined directive in the U.S. that integrates multiple aspects of advance care planning into a single form.

Related Concepts:

  • Provide an example of a combined advance directive document in the United States.: An example of a combination document in the United States is the Five Wishes, which integrates various aspects of advance care planning.

The legality of advance consent for advance healthcare directives is uniform across all jurisdictions.

Answer: False

The legality of advance consent for these directives is not uniform; it depends on the specific jurisdiction.

Related Concepts:

  • Is the legality of advance consent for advance healthcare directives consistent across jurisdictions?: No, the legality of advance consent for advance healthcare directives depends on the specific jurisdiction.

A living will can only provide general instructions and cannot be used to refuse specific medical treatments.

Answer: False

A living will can be very specific, forbidding the use of various kinds of burdensome medical treatments and expressing wishes on services like hydration, feeding, and ventilators.

Related Concepts:

  • Can a living will be used to refuse specific medical treatments?: Yes, in some cases, a living will may forbid the use of various kinds of burdensome medical treatment.
  • What is the range of specificity for a living will?: A living will can be very specific or very general in its instructions.
  • What specific medical services might be addressed in a detailed living will?: More specific living wills may include information regarding an individual's desire for services such as analgesia (pain relief), antibiotics, hydration, feeding, and the use of ventilators or cardiopulmonary resuscitation.

A living will is activated only if the individual becomes unable to give informed consent or refusal due to incapacity.

Answer: True

The source explicitly states that a living will is used only if the individual has become unable to give informed consent or refusal due to incapacity.

Related Concepts:

  • Under what specific condition is a living will activated?: The living will is used only if the individual has become unable to give informed consent or refusal due to incapacity.

Living wills do not require regular updating as they reflect a permanent decision.

Answer: False

Living wills reflect a person's wishes at a specific moment and may need regular updating to ensure they remain relevant to evolving medical situations.

Related Concepts:

  • Why is it important to regularly update living wills?: Living wills reflect a moment in time and may therefore need regular updating to ensure that the correct course of action can be chosen in evolving medical situations.

Which of the following is NOT an alternative name for an advance healthcare directive mentioned in the source?

Answer: End-of-life testament

The source identifies several alternative names for an advance healthcare directive, including living will, personal directive, medical directive, and advance decision. 'End-of-life testament' is not mentioned among these terms.

Related Concepts:

  • Define an advance healthcare directive and list its alternative names.: An advance healthcare directive is a document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves due to illness or incapacity. It is also known as a living will, personal directive, advance directive, medical directive, or advance decision.

What is the legal status of an advance healthcare directive in the United States?

Answer: It has legal status as a document.

The source explicitly states that in the United States, an advance healthcare directive has legal status as a document.

Related Concepts:

  • Compare the legal status of an advance healthcare directive in the U.S. to that in other countries.: In the United States, an advance healthcare directive has legal status as a document. In contrast, in some other countries, it is legally persuasive but may not be considered a formal legal document.

Why are individuals often encouraged to complete both a living will and a healthcare proxy?

Answer: To provide comprehensive guidance regarding their care.

People are encouraged to complete both documents to provide comprehensive guidance, as a living will outlines specific wishes and a proxy appoints a person to make decisions.

Related Concepts:

  • Why are individuals often encouraged to complete both a living will and a healthcare proxy?: People are often encouraged to complete both a living will and a healthcare proxy to provide comprehensive guidance regarding their care, although these documents can sometimes be combined into a single form.
  • Is it beneficial for individuals to have both a durable power of attorney and a healthcare proxy?: People will normally benefit from having both a durable power of attorney (for financial matters) and a healthcare proxy (for medical matters) to ensure comprehensive coverage for their decision-making needs.

Under what condition is a living will typically activated?

Answer: If the individual becomes unable to give informed consent or refusal due to incapacity.

A living will is activated only if the individual becomes unable to give informed consent or refusal due to incapacity.

Related Concepts:

  • Under what specific condition is a living will activated?: The living will is used only if the individual has become unable to give informed consent or refusal due to incapacity.

Historical Development and U.S. Legislation

Advance directives were primarily created to address the rising costs of medical care for the dying.

Answer: False

Advance directives were created in response to the increasing sophistication and prevalence of medical technology that could prolong life, not primarily to address costs.

Related Concepts:

  • What was the primary impetus for the creation of advance directives?: Advance directives were created in response to the increasing sophistication and prevalence of medical technology, which allowed for more interventions to prolong life.

The oldest form of advance directive is the healthcare proxy.

Answer: False

The living will is identified as the oldest form of advance directive, predating the development of the healthcare proxy.

Related Concepts:

  • Which form of advance directive is considered the oldest?: The living will is considered the oldest form of advance directive.
  • What conclusion was reached about the sufficiency of living wills, leading to what development?: It was determined that a living will alone might be insufficient to address many important healthcare decisions, which led to the development of 'second generation' advance directives, such as the health care proxy appointment or medical power of attorney.

Luis Kutner, an Illinois attorney, first proposed the living will in a law journal in 1967.

Answer: False

Luis Kutner first proposed the living will in a speech in 1967, but it was subsequently published in a law journal in 1969.

Related Concepts:

  • Who first proposed the concept of a living will, and when was it introduced?: The living will was first proposed by an Illinois attorney, Luis Kutner, in a speech to the Euthanasia Society of America in 1967 and was subsequently published in a law journal in 1969.

The U.S. Patient Self-Determination Act (PSDA) went into effect in December 1991, requiring healthcare providers to inform patients about their rights regarding advance directives.

Answer: True

The PSDA became effective in December 1991, mandating that healthcare providers give patients information about their rights to make advance directives under state law.

Related Concepts:

  • What was the purpose of the U.S. Patient Self-Determination Act (PSDA)?: The U.S. Patient Self-Determination Act (PSDA), which went into effect in December 1991, required healthcare providers, such as hospitals and nursing homes, to give patients information about their rights to make advance directives under state law.
  • How did the public respond to low awareness of advance directives, and what legislation resulted?: The public's response was to press for further legislative support, which resulted in the Patient Self-Determination Act of 1990. This act attempted to address the awareness problem by requiring healthcare institutions to better promote and support the use of advance directives.

What was the primary driver for the creation of advance directives?

Answer: The increasing sophistication and prevalence of medical technology.

Advance directives were created in response to the increasing sophistication and prevalence of medical technology, which allowed for more interventions to prolong life.

Related Concepts:

  • What was the primary impetus for the creation of advance directives?: Advance directives were created in response to the increasing sophistication and prevalence of medical technology, which allowed for more interventions to prolong life.

Which form of advance directive is identified as the oldest?

Answer: The living will

The source material identifies the living will as the oldest form of advance directive.

Related Concepts:

  • Which form of advance directive is considered the oldest?: The living will is considered the oldest form of advance directive.

Who first proposed the concept of a living will?

Answer: Luis Kutner, an Illinois attorney.

The living will was first proposed by Illinois attorney Luis Kutner in a 1967 speech to the Euthanasia Society of America.

Related Concepts:

  • Who first proposed the concept of a living will, and when was it introduced?: The living will was first proposed by an Illinois attorney, Luis Kutner, in a speech to the Euthanasia Society of America in 1967 and was subsequently published in a law journal in 1969.

When did the U.S. Patient Self-Determination Act (PSDA) go into effect?

Answer: December 1991

The U.S. Patient Self-Determination Act (PSDA) went into effect in December 1991.

Related Concepts:

  • What was the purpose of the U.S. Patient Self-Determination Act (PSDA)?: The U.S. Patient Self-Determination Act (PSDA), which went into effect in December 1991, required healthcare providers, such as hospitals and nursing homes, to give patients information about their rights to make advance directives under state law.

What was the first formal response to societal pressure for end-of-life planning in the U.S.?

Answer: The living will.

The living will is identified as the first formal response to the societal pressure for ways to plan for end-of-life care in the U.S.

Related Concepts:

  • What was the initial formal response to societal pressure for end-of-life planning in the U.S.?: The first formal response to the societal pressure for end-of-life planning in the U.S. was the living will.

Evolution of Directive Types

A healthcare proxy is a type of advance directive that provides specific instructions for medical treatment, similar to a living will.

Answer: False

A healthcare proxy appoints a person to make real-time decisions, whereas a living will provides pre-written instructions for hypothetical situations.

Related Concepts:

  • How do the decisions made by a healthcare proxy differ from those in a living will?: The appointed representative in a healthcare proxy is authorized to make real-time decisions in actual circumstances, as opposed to advance decisions framed in hypothetical situations, as might be recorded in a living will.
  • What is the primary function of a healthcare proxy document?: A healthcare proxy document appoints a person, the proxy, who can make decisions on behalf of the granting individual in the event of incapacity.

Despite their popularity, living wills were found to have limitations, often failing to fully address presenting problems and needs.

Answer: True

The source notes that as living wills became better recognized, key deficits were discovered, as they tended to be limited in scope and often failed to fully address presenting problems.

Related Concepts:

  • What limitations were discovered regarding living wills despite their popularity?: As living wills became better recognized, key deficits were discovered; most tended to be limited in scope and often failed to fully address presenting problems and needs.

Early power of attorney documents in the U.S. were primarily used to allow individuals to name someone to act in their stead regarding property affairs.

Answer: True

The source states that early powers of attorney, based on common law, allowed an individual to name someone to act in their stead, which was later adapted for healthcare decisions.

Related Concepts:

  • What is the historical origin of power of attorney statutes in the United States?: Power of attorney statutes have existed in the United States since the days of common law, which refers to laws brought from England during the colonial period.
  • What was the fundamental purpose of early power of attorney documents?: These early powers of attorney allowed an individual to name someone to act in their stead, primarily for property affairs.

A healthcare proxy is authorized to make real-time decisions in actual circumstances, unlike advance decisions in a living will.

Answer: True

A key distinction is that a healthcare proxy makes real-time decisions in actual circumstances, whereas a living will contains advance decisions framed in hypothetical situations.

Related Concepts:

  • How do the decisions made by a healthcare proxy differ from those in a living will?: The appointed representative in a healthcare proxy is authorized to make real-time decisions in actual circumstances, as opposed to advance decisions framed in hypothetical situations, as might be recorded in a living will.
  • What authority does an appointed healthcare proxy possess?: The appointed healthcare proxy has, in essence, the same rights to request or refuse treatment that the individual would have if still capable of making and communicating healthcare decisions.

A study found that next-of-kin surrogates accurately predicted an incapacitated person's treatment preferences 90% of the time.

Answer: False

A study found that next-of-kin surrogates chose correctly only 68% of the time, highlighting the difficulty in predicting another person's wishes without explicit guidance.

Related Concepts:

  • How accurate are next-of-kin surrogates in predicting an incapacitated person's treatment preferences?: A study comparing next-of-kin decisions on behalf of an incapacitated person (who later recovered) found that these surrogates chose correctly 68% of the time overall.

A values history advance directive focuses on specific treatments and medical procedures rather than patient values.

Answer: False

The goal of a values history is to shift the focus away from specific treatments and toward a patient's broader values and personal goals.

Related Concepts:

  • What is the primary goal of a values history advance directive?: The goal of a values history advance directive is to move away from a focus on specific treatments and medical procedures to a focus on patient values and personal goals.

A medical directive describes six case scenarios for advance medical decision-making, each linked to a roster of medical procedures.

Answer: True

The source describes the medical directive as a document with six case scenarios, each associated with a list of medical procedures, allowing individuals to specify their choices in advance.

Related Concepts:

  • How does a medical directive facilitate advance medical decision-making?: The scenarios in a medical directive are each associated with a roster of commonly considered medical procedures and interventions, allowing the individual to decide in advance which treatments are wanted or not wanted under the circumstances.
  • What is a 'medical directive' as an alternative to a healthcare proxy?: A medical directive is another alternative to a conventional healthcare proxy, which is a document that describes six case scenarios for advance medical decision-making.

What was a key deficit discovered about living wills as they became better recognized?

Answer: They tended to be limited in scope and often failed to fully address presenting problems.

A key deficit of living wills was that they were often limited in scope and failed to fully address the specific problems and needs that arose in medical situations.

Related Concepts:

  • What limitations were discovered regarding living wills despite their popularity?: As living wills became better recognized, key deficits were discovered; most tended to be limited in scope and often failed to fully address presenting problems and needs.

What is the primary function of a healthcare proxy document?

Answer: To appoint a person, the proxy, who can make healthcare decisions on behalf of the granting individual in the event of incapacity.

A healthcare proxy document's main purpose is to appoint a person (the proxy) to make healthcare decisions for the individual if they become incapacitated.

Related Concepts:

  • What is the primary function of a healthcare proxy document?: A healthcare proxy document appoints a person, the proxy, who can make decisions on behalf of the granting individual in the event of incapacity.

What is a 'values history' in the context of advance directives?

Answer: A two-part instrument eliciting patient values about terminal medical care and therapy-specific directives.

A values history is a two-part advance directive that elicits a patient's values regarding terminal care and provides therapy-specific directives, serving as an alternative to a conventional proxy.

Related Concepts:

  • What is a 'values history' in the context of advance directives?: A values history is a two-part advance directive instrument that elicits patient values about terminal medical care and therapy-specific directives, serving as an alternative to a conventional healthcare proxy.

What is the primary goal of a values history advance directive?

Answer: To move away from a focus on specific treatments to a focus on patient values and personal goals.

The goal of a values history is to shift the focus from specific medical treatments to the patient's broader values and personal goals.

Related Concepts:

  • What is the primary goal of a values history advance directive?: The goal of a values history advance directive is to move away from a focus on specific treatments and medical procedures to a focus on patient values and personal goals.

Psychiatric Advance Directives (PADs)

Psychiatric advance directives (PADs) are legal documents used by individuals to declare preferences for future mental health treatment.

Answer: True

PADs are legal documents for individuals with legal capacity to declare their preferences for future mental health treatment in the event they are later unable to make decisions for themselves.

Related Concepts:

  • What is a psychiatric advance directive (PAD)?: A psychiatric advance directive (PAD), also known as a mental health advance directive, is a written document that describes what a person wants to happen if in the future they are judged to have a mental disorder in such a way that they are deemed unable to decide for themselves or to communicate effectively.
  • What is the legal purpose of psychiatric advance directives?: Psychiatric advance directives are legal documents used by persons currently enjoying legal capacity to declare their preferences and instructions for future mental health treatment, or to appoint a surrogate decision maker, in advance of being targeted by coercive mental health laws.

All 50 U.S. states have passed legislation establishing authority for Psychiatric Advance Directives (PADs).

Answer: False

The source states that in the decade prior to its publication, 25 states had passed legislation establishing authority for PADs, not all 50.

Related Concepts:

  • What is the legal status of PADs in the U.S.?: In the United States, 25 states have passed legislation establishing authority for PADs in the past decade. However, there is relatively little public information available to address growing interest in these legal documents.

A Duke University study found that creating a PAD with a trained facilitator decreases therapeutic alliance with clinicians.

Answer: False

The study found the opposite: creating a PAD with a trained facilitator increases the therapeutic alliance with clinicians.

Related Concepts:

  • What clinical benefits of creating a PAD with a facilitator did a Duke University study show?: A study by Duke University has shown that creating a PAD with a trained facilitator increases therapeutic alliance with clinicians, enhances involuntary patients' treatment satisfaction and perceived autonomy, and improves treatment decision-making capacity.

National surveys in the U.S. indicate that most people targeted by coercive psychiatry laws have completed a PAD.

Answer: False

National surveys show a large discrepancy: while about 70% would want a PAD, less than 10% have actually completed one.

Related Concepts:

  • What is the discrepancy between the desire for and completion of PADs in the United States?: National surveys in the United States indicate that although approximately 70% of people targeted by coercive psychiatry laws would want a PAD if offered assistance, less than 10% have actually completed one.

The more clinicians knew about PAD laws, the less favorable their attitudes were toward these practices.

Answer: False

A survey showed a positive correlation: the more clinicians knew about PAD laws, the more favorable their attitudes were toward these practices.

Related Concepts:

  • How does clinicians' knowledge of PAD laws correlate with their attitudes towards them?: The more clinicians knew about PAD laws, the more favorable were their attitudes toward these practices.

What is a Psychiatric Advance Directive (PAD)?

Answer: A written document describing what a person wants to happen if they are judged to have a mental disorder and are unable to decide for themselves.

A PAD is a written document outlining a person's preferences for mental health treatment in the event they are later deemed unable to decide for themselves.

Related Concepts:

  • What is a psychiatric advance directive (PAD)?: A psychiatric advance directive (PAD), also known as a mental health advance directive, is a written document that describes what a person wants to happen if in the future they are judged to have a mental disorder in such a way that they are deemed unable to decide for themselves or to communicate effectively.

How many U.S. states had passed legislation establishing authority for Psychiatric Advance Directives (PADs) in the decade prior to the source's information?

Answer: 25 states

In the decade preceding the source's information, 25 U.S. states had passed legislation establishing authority for PADs.

Related Concepts:

  • What is the legal status of PADs in the U.S.?: In the United States, 25 states have passed legislation establishing authority for PADs in the past decade. However, there is relatively little public information available to address growing interest in these legal documents.

What does the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) require of behavioral health facilities regarding PADs?

Answer: To ask patients if they have PADs.

The JCAHO requires behavioral health facilities to ask patients if they have a Psychiatric Advance Directive.

Related Concepts:

  • What does the JCAHO require of behavioral health facilities regarding PADs?: The Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) requires behavioral health facilities to ask patients if they have PADs.

According to a Duke University study, what is a clinical benefit of creating a PAD with a trained facilitator?

Answer: Increased therapeutic alliance with clinicians.

A Duke University study demonstrated that creating a PAD with a trained facilitator increases the therapeutic alliance between patients and their clinicians.

Related Concepts:

  • What clinical benefits of creating a PAD with a facilitator did a Duke University study show?: A study by Duke University has shown that creating a PAD with a trained facilitator increases therapeutic alliance with clinicians, enhances involuntary patients' treatment satisfaction and perceived autonomy, and improves treatment decision-making capacity.

International Legal Frameworks and Adoption

Tasmania, Australia, has specific legislation concerning advance healthcare directives.

Answer: False

The source explicitly states that Tasmania has no specific legislation concerning advance healthcare directives.

Related Concepts:

  • Does Tasmania have specific legislation for advance healthcare directives?: No, Tasmania has no specific legislation concerning advance healthcare directives.

In Canada, only about 13% of Canadians have actually had a conversation with a loved one about end-of-life planning or created an advance care plan.

Answer: True

Polling data indicates that despite 96% of Canadians believing such conversations are important, only about 13% have actually created an advance care plan or had the discussion.

Related Concepts:

  • What do polls reveal about Canadians' attitudes versus actions regarding end-of-life planning?: Polling indicates that 96% of Canadians think that having a conversation with a loved one about planning for the end of life is important. However, the same polls show that only about 13% have actually done so, or have created an advance care plan for themselves.

In the UK, emergency care and treatment plans (ECTPs) are always formed with direct patient or family involvement.

Answer: False

Research has found that the involvement of patients or their families in forming ECTP recommendations is variable, and in some situations, professionals may not explore patient preferences.

Related Concepts:

  • What has research indicated about patient involvement in forming ECTP recommendations in the UK?: Research has found that the involvement of patients or their family in forming ECTP (emergency care and treatment plan) recommendations is variable.
  • Under what circumstances might UK healthcare professionals not explore a patient's preferences for ECTPs?: In some situations, such as when there are limited treatment options available or the patient is likely to deteriorate quickly, healthcare professionals in the UK will not explore the patient's preferences for ECTPs, but will instead ensure that patients or their relatives understand what treatment will or will not be offered.

In England and Wales, an advance refusal of life-prolonging treatment must be recorded in writing and witnessed to be legally binding.

Answer: True

For an advance decision refusing life-prolonging treatment to be legally binding in England and Wales, it must be recorded in writing and witnessed.

Related Concepts:

  • What additional requirements apply to an advance decision refusing life-prolonging treatment in England and Wales?: Where the patient's advance decision relates to a refusal of life-prolonging treatment in England and Wales, this must be recorded in writing and witnessed.

Germany's law on advance directives, passed in 2009, is based on the principle of the right of self-determination.

Answer: True

The German law on advance directives, which became applicable in September 2009, is explicitly based on the principle of the right of self-determination.

Related Concepts:

  • What principles are included in Germany's law on advance directives?: Germany's law on advance directives is based on the principle of the right of self-determination and provides for the assistance of a fiduciary and of the physician.

The Italian Senate officially approved a law on advance healthcare directives in 2006, following the Piergiorgio Welby case.

Answer: False

While the Piergiorgio Welby case occurred in 2006, the Italian Senate did not approve the law on advance healthcare directives until December 14, 2017.

Related Concepts:

  • When did Italy officially approve and implement its law on advance healthcare directives?: On December 14, 2017, the Italian Senate officially approved a law on advance healthcare directives that came into force on January 31, 2018.
  • What event sparked controversy over end-of-life care in Italy in 2006?: Controversy over end-of-life care emerged in Italy in 2006, when a terminally ill patient suffering from muscular dystrophy, Piergiorgio Welby, petitioned the courts for removal of his respirator.

Advance healthcare directives are legally recognized in Japan, with a high percentage of the population having prepared them.

Answer: False

Advance healthcare directives are not legally recognized in Japan, and a 2017 survey showed that only 8.1% of individuals had prepared one.

Related Concepts:

  • Are advance healthcare directives legally recognized in Japan?: No, advance healthcare directives are not legally recognized in Japan.
  • What did a 2017 survey in Japan reveal about public opinion and preparation of advance directives?: According to a 2017 survey by the Ministry of Health, Labor and Welfare (MHLW), 66% of surveyed individuals supported the idea of such directives, but only 8.1% had prepared their own.

In Nigeria, advance healthcare directives are legally recognized and widely used due to strong traditional influences.

Answer: False

Advance healthcare directives have not yet been legalized in Nigeria, where tradition, rather than written directives, still dominates in determining patient preferences.

Related Concepts:

  • What is the legal status of advance healthcare directives in Nigeria?: Advance healthcare directives are yet to be legalized in Nigeria. In Nigeria and most African countries, tradition still dominates in determining patient preferences, rather than written directives.

In Israel, the right to refuse care through advance directives is recognized only if the patient's life expectancy is less than six months.

Answer: True

Israel's law on advance care directives recognizes the right to refuse care only when the patient is considered terminally ill with a life expectancy of less than six months.

Related Concepts:

  • Under what conditions is the right to refuse care recognized in Israel's advance care directives?: In Israel, the right to refuse care is only recognized if the patient is considered terminally ill and their life expectancy is less than six months.

Switzerland's 2013 law on advance healthcare directives allows adults to designate a natural person to make medical decisions on their behalf.

Answer: True

The 2013 Swiss law allows individuals to designate a natural person to discuss medical procedures and make decisions on their behalf if they are no longer capable of judgment.

Related Concepts:

  • What additional provision does Switzerland's 2013 law on advance directives include?: Switzerland's 2013 law also allows individuals to designate a natural person to discuss medical procedures with the attending doctor and make decisions on their behalf if they are no longer capable of judgment.
  • When was a law concerning advance healthcare directives passed in Switzerland, and what does it allow?: In 2013, a law concerning advance healthcare directives was voted on in Switzerland, allowing every adult with testamentary capacity to redact a legally binding document declaring a will in the event of loss of judgement.

What percentage of Canadians, according to polls, think that having a conversation with a loved one about planning for the end of life is important?

Answer: 96%

Polling indicates that an overwhelming majority, 96% of Canadians, believe it is important to have a conversation with a loved one about end-of-life planning.

Related Concepts:

  • What do polls reveal about Canadians' attitudes versus actions regarding end-of-life planning?: Polling indicates that 96% of Canadians think that having a conversation with a loved one about planning for the end of life is important. However, the same polls show that only about 13% have actually done so, or have created an advance care plan for themselves.

What did a 2014 Ipsos Reid Survey find about Canadian primary care professionals' comfort with end-of-life discussions?

Answer: Only about a third felt comfortable.

A 2014 survey revealed that only about one-third of Canadian doctors and nurses in primary care felt comfortable discussing end-of-life issues with their patients.

Related Concepts:

  • What did a 2014 survey find regarding Canadian primary care professionals' comfort with end-of-life discussions?: A 2014 Ipsos Reid Survey reveals that only about a third of Canadian doctors and nurses working in primary care feel comfortable discussing end of life issues with their patients.

Under what legal framework can individuals in England and Wales make advance directives or appoint a proxy?

Answer: The Mental Capacity Act 2005.

In England and Wales, individuals can make an advance directive or appoint a proxy under the provisions of the Mental Capacity Act 2005.

Related Concepts:

  • Under what legal framework can individuals in England and Wales make advance directives?: In England and Wales, people may make an advance directive or appoint a proxy under the Mental Capacity Act 2005.

What is required for an advance refusal of life-prolonging treatment to be legally binding in England and Wales?

Answer: It must be recorded in writing and witnessed.

For an advance decision refusing life-prolonging treatment to be legally binding in England and Wales, it must be recorded in writing and witnessed.

Related Concepts:

  • What makes an advance refusal of treatment legally binding in England and Wales?: In England and Wales, an advance refusal of treatment is only for when the person lacks mental capacity. To be legally binding, the advance decision must be specific about the treatment being refused and the circumstances in which the refusal will apply.
  • What additional requirements apply to an advance decision refusing life-prolonging treatment in England and Wales?: Where the patient's advance decision relates to a refusal of life-prolonging treatment in England and Wales, this must be recorded in writing and witnessed.

When did Germany pass its law on advance directives?

Answer: June 2009

On June 18, 2009, the German Bundestag passed a law on advance directives, which became applicable on September 1, 2009.

Related Concepts:

  • When did Germany pass and implement its law on advance directives?: On June 18, 2009, the Bundestag passed a law on advance directives, which became applicable in Germany since September 1, 2009.

What event sparked controversy over end-of-life care in Italy in 2006?

Answer: Piergiorgio Welby's petition for respirator removal.

Controversy over end-of-life care in Italy was sparked in 2006 when Piergiorgio Welby, a terminally ill patient, petitioned the courts for the removal of his respirator.

Related Concepts:

  • What event sparked controversy over end-of-life care in Italy in 2006?: Controversy over end-of-life care emerged in Italy in 2006, when a terminally ill patient suffering from muscular dystrophy, Piergiorgio Welby, petitioned the courts for removal of his respirator.

What was the outcome for the physician who honored Piergiorgio Welby's wishes to remove his respirator?

Answer: He was initially charged but later cleared.

The physician who honored Welby's wishes was initially charged for violating laws against euthanasia but was ultimately cleared of the charges.

Related Concepts:

  • How was Piergiorgio Welby's request for respirator removal ultimately handled?: Piergiorgio Welby's request for respirator removal was debated in Parliament without a decision, but a doctor eventually honored Welby's wishes by removing the respirator under sedation.
  • What was the legal outcome for the physician who honored Welby's wishes?: The physician who honored Welby's wishes was initially charged for violating Italy's laws against euthanasia, but was later cleared.

What was the duration of Eluana Englaro's coma before her death?

Answer: 17 years

Eluana Englaro had been in a coma for 17 years following a car accident before her feeding tubes were withdrawn.

Related Concepts:

  • What was the duration of Eluana Englaro's coma before her death?: Eluana Englaro had been in a coma for 17 years following a car accident. After her father petitioned the courts for 10 years, authorization was granted, and Englaro died in February 2009.

Are advance healthcare directives legally recognized in Japan?

Answer: No, they are not legally recognized.

The source states that advance healthcare directives are not legally recognized in Japan.

Related Concepts:

  • Are advance healthcare directives legally recognized in Japan?: No, advance healthcare directives are not legally recognized in Japan.

When did advance healthcare directives become legally recognized in Korea?

Answer: 2016

Advance healthcare directives became legally recognized in Korea in 2016 with the implementation of the Act on Decisions on Life-Sustaining Treatment.

Related Concepts:

  • When did advance healthcare directives become legally recognized in Korea?: Advance healthcare directives became legally recognized in Korea in 2016, when the Act on Decisions on Life-Sustaining Treatment for Patients in Hospice and Palliative Care was implemented.

In Nigeria, what factor primarily determines patient preferences regarding healthcare decisions?

Answer: Tradition.

In Nigeria and most African countries, tradition, rather than written directives, still dominates in determining patient preferences.

Related Concepts:

  • What is the legal status of advance healthcare directives in Nigeria?: Advance healthcare directives are yet to be legalized in Nigeria. In Nigeria and most African countries, tradition still dominates in determining patient preferences, rather than written directives.

When did the Knesset, Israel's parliament, pass a law allowing people to write advance care directives?

Answer: 2005

In 2005, Israel's parliament, the Knesset, passed a law allowing people to write advance care directives.

Related Concepts:

  • When did Israel pass a law allowing advance care directives?: In 2005, the Knesset, Israel's parliament, passed a law allowing people to write advance care directives.

When did the Supreme Court of India permit living wills and the withdrawal of life-sustaining treatments?

Answer: March 9, 2018

On March 9, 2018, the Supreme Court of India permitted living wills and the withdrawal of life-sustaining treatments.

Related Concepts:

  • When did the Supreme Court of India permit living wills?: The Supreme Court of India on March 9, 2018, permitted living wills and withholding and withdrawing life sustaining treatments.

What principle did the Supreme Court of India establish regarding the right to a dignified life?

Answer: The right to a dignified life extends up to the point of having a dignified death.

India's Supreme Court held that the right to a dignified life extends up to the point of having a dignified death, thereby linking it to end-of-life decision-making.

Related Concepts:

  • What principle did the Supreme Court of India establish regarding the right to a dignified life?: The country's apex court held that the right to a dignified life extends up to the point of having a dignified death.

U.S. Societal Context and State-Level Implementation

Studies have consistently shown that medical care for the dying is often unnecessarily prolonged, painful, and expensive.

Answer: True

The source confirms that numerous studies have documented critical deficits in the medical care of the dying, finding it to be unnecessarily prolonged, painful, expensive, and emotionally burdensome.

Related Concepts:

  • What deficits in end-of-life medical care have studies documented?: Numerous studies have documented critical deficits in the medical care of the dying, finding it to be unnecessarily prolonged, painful, expensive, and emotionally burdensome to both patients and their families.

Adults are more likely to complete advance directive documents if they are highly technical and focus on specific medical treatments.

Answer: False

Studies indicate that adults are more likely to complete advance directive documents if they are written in everyday language and are less focused on technical treatments.

Related Concepts:

  • What factor increases the likelihood of adults completing advance directive documents?: Studies have shown that adults are more likely to complete these documents if they are written in everyday language and are less focused on technical treatments.

By 2007, less than 10% of Americans had completed a living will.

Answer: False

By 2007, the adoption rate was significantly higher; 41% of Americans had completed a living will.

Related Concepts:

  • What was the adoption rate of living wills among Americans by 2007?: Living wills proved to be very popular, and by 2007, 41% of Americans had completed a living will.

All U.S. states recognize the term 'living will' officially in their state law.

Answer: False

While all states recognize some form of advance directive, not all use the official term 'living will.' For example, California law does not officially recognize the term.

Related Concepts:

  • Do all U.S. states recognize advance healthcare directives?: In the United States, all states recognize some form of living wills or the designation of a health care proxy.
  • Is the term 'living will' officially recognized in California law?: The term 'living will' is not officially recognized under California law, but an advance health care directive or durable power of attorney may be used for the same purpose.

Pennsylvania's Act 169 of 2006 provides a comprehensive statutory framework for advance healthcare directives.

Answer: True

In 2006, Pennsylvania's Act 169 was signed into law, providing a comprehensive statutory framework for advance healthcare directives and decision-making for incompetent patients.

Related Concepts:

  • What legislation regarding advance directives was enacted in Pennsylvania in 2006?: In Pennsylvania on November 30, 2006, Governor Edward Rendell signed into law Act 169, which provides a comprehensive statutory framework governing advance healthcare directives and healthcare decision-making for incompetent patients.

Some U.S. state living will registries have been closed due to high enrollment and sufficient funding.

Answer: False

Some state living will registries have been closed due to low enrollment and a lack of funds, not high enrollment and sufficient funding.

Related Concepts:

  • Why have some state living will registries in the U.S. been closed?: In recent years, some state living will registries, such as the one run by the Washington State Department of Health, have been shuttered by the state government because of low enrollment, lack of funds, or both.

What was the adoption rate of living wills among Americans by 2007?

Answer: 41%

By 2007, living wills had become very popular, with 41% of Americans having completed one.

Related Concepts:

  • What was the adoption rate of living wills among Americans by 2007?: Living wills proved to be very popular, and by 2007, 41% of Americans had completed a living will.

What proportion of U.S. deaths occur in healthcare facilities?

Answer: About a third

The source states that about a third of U.S. deaths occur in healthcare facilities.

Related Concepts:

  • What proportion of U.S. deaths occur in healthcare facilities?: Of U.S. deaths, about a third occur in healthcare facilities.

How many people in the U.S. are kept alive in comatose or permanently vegetative states, according to the source?

Answer: As many as 30,000

The source estimates that as many as 30,000 people are kept alive in comatose and permanently vegetative states in the U.S.

Related Concepts:

  • How many people in the U.S. are kept alive in comatose or permanently vegetative states?: As many as 30,000 persons are kept alive in comatose and permanently vegetative states in the U.S.

What percentage of people, according to studies, would rather refuse aggressive medical treatment than have their lives medically prolonged in poor prognosis states?

Answer: 70-95%

Studies indicate that a large majority, between 70% and 95% of people, would prefer to refuse aggressive medical treatment rather than have their lives prolonged in poor prognosis states.

Related Concepts:

  • What is the general preference of people regarding aggressive medical treatment in poor prognosis states?: Studies indicate that 70-95% of people would rather refuse aggressive medical treatment than have their lives medically prolonged in incompetent or other poor prognosis states.

Which U.S. President was the first to publicly announce having a living will and encourage others to do so?

Answer: Barack Obama

On July 28, 2009, Barack Obama became the first U.S. President to publicly announce that he had a living will.

Related Concepts:

  • Who was the first U.S. President to publicly announce having a living will?: On July 28, 2009, Barack Obama became the first United States President to announce publicly that he had a living will and to encourage others to do the same.

What was the controversy preceding President Obama's announcement about living wills?

Answer: Language in proposed healthcare legislation permitting payment to doctors for counseling patients on living wills.

President Obama's announcement followed a controversy over proposed healthcare legislation that would have permitted Medicare to pay doctors for counseling patients about living wills.

Related Concepts:

  • Who was the first U.S. President to publicly announce having a living will?: On July 28, 2009, Barack Obama became the first United States President to announce publicly that he had a living will and to encourage others to do the same.
  • What controversy preceded President Obama's announcement about living wills?: The announcement followed controversy surrounding proposed healthcare legislation that included language that would permit the payment of doctors under Medicare to counsel patients regarding living wills.

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