PRETPOSTAVKE ZA POSTUPANjE PO ANTICIPIRANOJ NAREDBI PACIJENTA

Abstract

Advance directives of patients are binding statement of will where an individual beforehand permits or forbids the application of certain medical procedures which are not imminent at the moment of giving these directives, but are rather given in case of future incapacity for making independent decisions. They constitute the expression of the right to self-determination in relation to one’s own body and the significance of the personal right resorts to in this case calls for the necessity for better regulation of the effects this right entails once it is implemented into legal systems. The subject of this paper is to review which preconditions must be met so that an advance directive can produce legal effects, what requirements constitute each of these prerequisites, as well as the problems and dilemma which may arise in relation to this matter. The author of the paper analyzes the preconditions for legal effects of advance directives from the aspect of contemporary laws which regulate this issue in Switzerland, Germany, Austria, Great Britain, etc. Following the evaluation of these provisions, their advantages and weaknesses, the author presents her suggestions how this matter should be regulated in future Serbian legislation.