A Comparison of Living Wills in Germany and New Zealand

Abstract

This paper deals with the living will (also known as advance directive) in Germany and New Zealand. The living will is a document where people can state which medical treatment they would like to have (or not have) in the case of their becoming incompetent. First, this paper points out the situation in Germany. In July 2009, the German legislator passed an Act which now regulates living wills. In New Zealand, living wills are still unregulated. The paper compares both these situations and discusses whether regulation of living wills is necessary or whether it restricts the self-determination of the patients in an inappropriate way. Further, this paper deals with the ethical aspects which arise in the context of the difficult issues about end of life decisions and the handling with these decisions. Afterwards, this paper discusses the legal consequences for doctors if they either follow the patient’s wishes or do not do so. The author concludes that the better way is to regulate living wills because regulation gives patients greater certainty and makes the document more official. In the end, the author proposes some examples of the way and extent the New Zealand Parliament should regulate living wills.