‘Living wills’ bill puts vulnerable patients at risk

Australian Christian Lobby - Media Release

27, May 2008

The ‘living wills’ bill currently before the West Australian Parliament does not contain enough safeguards and would put vulnerable patients at risk, the Australian Christian Lobby (ACL) said today.

ACL West Australian Director Michelle Pearse said that while Advanced Healthcare Directives can be beneficial if suitable protections are in place for both doctor and patient, the current bill does not provide these protections.

“If the right safeguards are in place, Advanced Healthcare Directives can be helpful in directing decision-making at the end of life, enabling patients to express their preferences for treatment and addressing any fears about a loss of control,” Mrs Pearse said.

“However, expressing one’s desires in the event of unpredictable situations is easier said than done and safeguards must be in place to prevent misuse of advance directives, such as through overruling or misinterpreting the patient’s requests.

“The advance directives should only come into force in a limited set of circumstances in which natural death could be expected to occur within a certain timeframe if medical assistance were unavailable. Patients should not be able to refuse basic nursing or palliative care, such as the provision of food and water.

“It must also be ensured that the treating doctor is not prevented from providing the most appropriate treatment alternatives for the patient in question.” 

Mrs Pearse said that The Acts Amendment (Consent to Medical Treatment) Bill 2006 does not provide these safeguards and the ACL has serious concerns about where it could lead.

“We urge all members of the Upper House to consider the effect this legislation could have on vulnerable patients and the real risks that their desires could be misinterpreted and that in some circumstances the bill could pave the way for a form of voluntary euthanasia,” Mrs Pearse said.

Media Contact: Michelle Pearse: 0400 869 107 or Glynis Quinlan: 0408 875 979

N.B: An Advanced Healthcare Directive (sometimes referred to as a living will) allows a person to make anticipatory decisions about future medical care in the event that he/she is not able to communicate their wishes at the time. People voluntarily prepare the document in order to express their wish to avoid artificially prolonging their life and make clear that they would rather die naturally, receiving palliative care that provides comfort and pain relief.

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