| 英文摘要 |
Enacted in 2019, the Patient Right to Autonomy Act (the Act) underscores the significance of Advance Directives (ADs) as a pivotal mechanism for upholding patients’ right to self-determination. Despite its implementation, the rates of AD signing in Taiwan remain low. Concerns have arisen over the Act’s stringent procedural requirements, sparking debates on whether these regulations inadvertently constrain patients’ autonomy. An exploration of Advance Directives in U.S. jurisprudence reveals that ADs may not unequivocally serve as the primary means of realizing patients’ autonomy. Decisional challenges arise when individuals must make choices regarding unknown medical conditions, and conflicts emerge when ADs clash with the current interests of incompetent patients. Acknowledging the limitations of precommitments made by ADs, this article posits that personal autonomy is both dynamic, allowing for changing intentions, and relational, emphasizing the integral role of understanding and interaction with others. In addition to reflecting on ADs, this article scrutinizes various issues within the Act, including the mandate of Advance Care Planning, the effectiveness of patient expressions not meeting the Act’s criteria, and the execution of ADs. |
