Advance Euthanasia Directives, Helpful or Harmful?

Abstract

This paper carefully considers whether advance euthanasia directives (AEDs) should be permitted under the current legislative framework in New Zealand. After contemplating various arguments that support and oppose AED usage, such as the “then-self” versus the “now-self”, elder abuse, and the legislative purpose(s) of the End of Life Choice Act (EOLCA) 2019, this paper concludes that the two sides of the debate may be largely reconciled if various safeguards are put into place. Therefore, the section in the EOLCA prohibiting advance requests for euthanasia should be repealed, and replaced with two new sections which permit AED usage within limited circumstances and where strict requirements have been met. This paper proposes two draft sections which incorporate various new safeguards, such as requiring both a doctor and a legal professional to be involved during the creation of an AED, the inclusion of a statement of values in every directive, as well as certain formality requirements. It is suggested that when these legislative changes are in place, AED usage would safely uphold the purpose(s) enshrined within the EOLCA by enhancing the autonomy of incompetent patients and reducing their suffering, and should thus be permitted.