ADVANCED DIRECTIVE, INFORMED CONSENT & OTHER CONCERNS ABOUT A TERMINALLY-ILL PATIENT

by Atty. Teresita R. Sanchez, M.D.

Relevant Issues:
1. Advanced

Directives 2. Informed Consent 3. Consent for Special People

ADVANCED DIRECTIVES

1. Living

Will 2. Durable Power of Attorney

IS IT LEGAL? IS IT MORAL?

HOW USEFUL IS IT?

IS THIS A FORM OF PASSIVE EUTHANASIA?

INFORMED CONSENT

Doctrine of Informed Consent Includes:

Nature of Illness The nature of the Procedures to be undertaken The benefits, Risks, and Complications of the Procedure The possible side-effects The Chances of success or failure Other alternatives, their side effects, benefits and risks

Consent to be valid:
Freely given. 2. Must be an informed consent. 3. Subject matter must be legal. 4. The patient must have the legal capacity to give consent.
1.

Of sound mind and of legal age

Adequate Information: The sine qua non- of a valid consent

What

is Adequate? Contains all material facts that may have an influence on the decision of the patient

Consent Form:
1.

2.
3.

4. 5.

Informed Consent Proper Party Signed by the following: A. Patient if adult, competent B. Parent or guardian if minor C. If incompetent Guardian or next-of-Kin D. One witness Freely Given Document should be dated

Informed Consent Common questions :

Who is responsible to secure consent? 2. What should it contain? 3. When should it be done? 4. Should it be in writing?
1.

CONSENT OF PERSONS REQUIRING SPECIAL PROTECTION

Minors

Elderly

DOCTRINE OF PARENS PATRIAE

WHO GIVES CONSENT?

Both

Parents Grandparents Adult Siblings

ELDERLY
Age

Elderly

Abuse