Effective end-of-life care planning in Scotland: culture and law.

Christie, Sarah

Abstract

In the context of an ageing population, end-of-life care planning is increasingly important. The law in Scotland does not, as yet, take the active and specific steps to help address this that are evident in other jurisdictions. I contend that there are two particular issues which need to be addressed here: normalising the idea of a discussion about dying, such that individuals feel entitled to discuss and plan for it by way of an advance directive, feel that it is a valuable exercise, and feel reassured that their plans will not falter if they lose capacity; and formulating an approach which prompts and encourages that discussion, but also promotes autonomous decision-making. I assert that the law can, and should help with this by providing a legislative basis for advance directives in order to set out the requirements for formal validity, and by making provision for an allied, non-mandatory pro-forma to guide and assist those who wish to use it.

Citation

CHRISTIE, S. 2017. Effective end-of-life care planning in Scotland: culture and law. Journal of medical law and ethics (online), 5(1), pages 1-16. Available from: https://doi.org/10.7590/221354017X14901892827392

• Journal Article Type: Article
• Acceptance Date: Apr 16, 2016
• Online Publication Date: Mar 1, 2017
• Publication Date: Mar 31, 2017
• Deposit Date: Nov 23, 2016
• Publicly Available Date: Mar 2, 2018
• Journal: Journal of medical law and ethics
• Print ISSN: 2213-5405
• Electronic ISSN: 2214-5354
• Publisher: Paris Legal Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 5
• Issue: 1
• Pages: 1-16
• DOI: https://doi.org/10.7590/221354017X14901892827392
• Keywords: Advance directives; End of life care; Advance care planning
• Public URL: http://hdl.handle.net/10059/1977
• Contract Date: Nov 23, 2016