Advance directives for medical decisions: binding or not binding

This chapter provides an introduction to advance directives. It addresses the questions: What is an advance directive? What problems does it create? What is the current discussion about them? It will consider the different opinions of the authors: should they be binding or merely indicative? Why? Once we live in a democratic and plural society, the right to self-determination and autonomy should be respected, and that is why the authors agree with their binding effect, if preceded by the fulfillment of some requirements which assure certainty and seriousness of intent: Areas of concern – what legal and ethical problems do binding advance directives raise? Response – there are many theses regarding this, and there is no direct or unique answer. There will be a collision of rights, with each one being analyzed in depth. In many cases, the right to “life” and “autonomy” will be in conflict, and it is not taken for granted that the “right to life” will always prevail. Summary – After introducing the concept of the advance directives, ethical and legal issues will be raised, and the different points of view are analyzed, concluding in favor of its binding force, in the name of “personal autonomy and human dignity.”