Humanists propose a framework for living wills
Humanists Malta have drawn up a discussion document with proposals for legislation on living wills, known as “advance directives”.
The proposed legislation allows any person resident in Malta to register a notice of their wishes regarding medical treatment, in case they are unable to communicate decisions at that time.
“We think it’s important for people to have control over their own lives, to discuss with loved ones what the future may hold, and to know that their rights as patients will be upheld even when they cannot speak more their decisions,” Humanists Malta told MaltaToday.
In general, a living will contains instructions about medical care that a person consents to or refuses if he is unable to make or communicate his decisions at the relevant time.
Such a will allows people to refuse medical intervention aimed at prolonging or sustaining life if their condition is terminal, or prevents them from returning to a meaningful and independent quality of life.
In other uses, the patient may specify that the responsible physician may make all treatment decisions on their behalf, or simply that they wish their life to be prolonged as long as possible regardless of condition or odds their for recovery.
“At a difficult time for loved ones and medical professionals, a living will can provide certainty about a patient’s wishes, reducing both emotional and professional dilemmas.”
Humanists Malta recommends that the living will should include instructions on medical intervention to which the person consents, requests on preferred forms of care, and instructions on organ, tissue or body donation.
In their living will, a person can also nominate a proxy or executor who can be consulted in case the person’s stated wishes are not applicable.
“Our proposals concern the patient’s right to consent to, or refuse, medical treatment. They do not cover requests for specific treatments, such as assisted death, which is anyway illegal in Malta,” said Humanists Malta.
“Some people might want every effort made to prolong their lives regardless of the disability that results. Others may prefer to avoid outcomes they find burdensome, such as loss of dignity or independence. They should be able to register such options.”
The debate about living wills was closely related to euthanasia, the intentional ending of a person’s life to relieve them of pain and suffering.
Euthanasia is not legal in Malta, while assisted suicide carries a criminal sentence of 12 years in law. There is also no law governing living wills.
The euthanasia debate is a mixed bag in Malta. Back in 2016, ALS patient Joe Magro called for the introduction of euthanasia in an interview with MaltaToday. He had insisted that he would take his own life once his condition denied him human dignity.
He took his plea to parliament and appeared before its Family Affairs Committee.
But Bjorn Formosa, who also suffers from ALS, had come out to say that Malta should discuss the introduction of living wills before entering the debate on euthanasia.
The Democratic Alternative Green Party – now the ADPD – had a similar position. The party came out in 2016 strongly opposing the legalization of euthanasia, and instead called for a debate on living wills.
In its election manifesto, the Labor Party called for a national discussion on voluntary euthanasia for people suffering from terminal illnesses. The Nationalist Party did not make any reference to euthanasia in its manifesto. The idea of a living will was not put forward by any party – not even in the ADPD manifesto.