|
Euthanasia - A matter of life or death
Whether discussion is from a legal or moral standpoint, the subject of voluntary euthanasia always prompts full and frank debate.
Legal in the Northern Territory for a brief period in 1995, before the Rights of the Terminally Ill Act 1995 was overturned by the Commonwealth Government, the euthanasia issue has once again risen to the surface with the recent and much publicised death of Sydney GP, Dr John Elliott.
Euthanasia – defined as the ‘bringing about’ of death in a person with an incurable disease – is illegal in Australia and, despite recent opinion polls suggesting that 80 per cent of Australians support euthanasia, the Government has fiercely opposed any change in the law.
Dr Elliott, diagnosed with terminal cancer and wishing to end his life, sought the only legal option available to Australian citizens. With his wife by his side, Dr Elliott travelled to Zurich to use the services of ‘dying-with dignity’ organisation Dignitas. He exercised what is arguably ‘ultimate control’ by ending his life at the precise time and place he chose.
While assisting someone to suicide is illegal, it is widely recognised that patients have rights in relation to medical treatment that extend to their right to refuse it (the notable exception is palliative care). The Medical Treatment Act 1988 (Vic) makes provisions for people to clearly document their treatment preferences for a condition or illness they may be suffering. A refusal of treatment certificate can be completed by a patient or his/her agent provided they are a competent person over eighteen years of age and are fully informed about the decision they are making. The certificate specifies the type of treatment that is refused and must be signed and witnessed.
Once executed, the treating doctor can only provide treatment in accordance with the terms of the certificate. While most of us ensure we have a Will drawn up, specifying our wishes after we die, very few think about appointing someone to make medical decisions on our behalf if we suddenly become unable to do so. An enduring power of attorney (medical) is a legal document that enables people to appoint someone to make medical decisions on their behalf if they are unable to do so themselves. Whether it is due to loss of mental capacity through dementia, acquired brain injury or unconsciousness resulting from illness, an enduring power of attorney (medical) is the best way for people to ensure they maintain control over their own health care. While the document does not need to be prepared by a lawyer, a lawyer can ensure the document is correctly drawn up in accordance with the person’s wishes, then duly signed and witnessed.
Cases like Dr Elliott’s will continue to ignite the euthanasia debate as we wrestle with the moral, legal, religious and ethical issues associated with it. There is no doubt that discussion with close family members and advice from legal professionals can ensure that intentions, at least in terms of any future medical treatment, remain clear.
More information
From the LIV Bookshop
Writings on an Ethical Life, by Peter Singer, $29.95
Useful web links
Office of the Public Advocate at: www.publicadvocate.vic.gov.au
Dying with Dignity Vic at: http://www.dwdv.org.au
Disclaimer: The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Ms Eleanor Coates of our office.
| 
