Report on Bioethics: Advance Care Directives - Law Reform ...

2.30 Another protection of importance is that the Commission has alreadyrecommended that informed decision-making must form the basis for theproposed legislative framework on advance care directives. 23 In addition, theCommission recommends that any advance care directive involving refusal oflife-sustaining treatment will have to be in writing and will only be valid if it hasresulted from informed decision-making, which would often involve consulting ahealth care professional. 24 Thus, makers of advance care directives willunderstand the implications of future refusal of such treatment. Because of this,the Commission considers that a person should have the power to appoint aproxy to refuse life-sustaining treatment in an advance care directive. As theCommission discusses later, 25 an advance care directive which refuses lifesustainingtreatment must be witnessed, thus the witness will ensure that thedocument is not created as a result of undue influence or other externalinfluences.2.31 The Commission recommends that a health care proxy may beappointed under an advance care directive.232425See paragraphs 1.86-1.92.See paragraph 3.70.See paragraph 3.59.53