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- Title
Le dichiarazioni anticipate di trattamento e l'amministrazione di sostegno.
- Authors
Rodriguez, Daniele; Boscarato, Claudia
- Abstract
Advance directives is the term used to identify end-of-life care standards and goals in case of chronic disease progression or acute invalidant condition; they should be issued by a person able to express his/her own will and aim to appoint a “surrogate" or “proxy". Under the Italian law up to date there is a lack of regulation, even if the theme has been object of the Oviedo Convention and its issues has been processed to transposition in Italy with the law of 28th March 2001 n. 145. The issue is also considered by articles n. 34 and 36 of the Medical Ethics policy and article n. 37 of the Nurse Ethics Policy. Considering the lack of a specific regulation the appointment of a surrogate has become an adequate way to make effective advance directives. Nevertheless there have been decrees issued by tutelary judges that there is no point in identifying an administrator to confirm the refuse to medical procedures when the patient has already refused them with the use of specific forms. The article n. 4 of Law Proposal n. 1142, approved by the Parliament on 20th April 2017, defines the “advance and shared care planning" a new instrument able to rule the medical practice in case of patient inability; it is distinguished by advance directives, described in the same law – article n. 3. While the first term is used to address a process that starts and is maturated during the patient-health care practitioner relationship, the second term is used to address an act done indipendently by the patient. The law suggests that a given consent to an advance care planning pattern does not stand for advance directives, considering that this kind of statement could be only given if is impossible to identify an advance care planning pattern.
- Publication
Rassegna di Patologia dell'Apparato Respiratorio, 2018, Vol 33, Issue 1, p34
- ISSN
0033-9563
- Publication type
Article