title: [Characteristics and aims of patient advance directive laws].
abstract: The advanced directive law (PatVG), which regulates the conditions and effectiveness of living wills, has been in force since 1 June 2006. A living will is a declaration of will with which a patient refuses certain medical treatment for the case that he is no longer able to understand the situation, make ajudgement or to express himself. In contrast to the non-anticipatory rejection of treatment, the legislator demands, in the case of anticipatory rejection, the fulfilment of certain conditions. The law provides for two forms of living will 1. the non-binding living will and 2. the binding living will. In the case of a binding will, if the patient is no longer able to understand the situation or to make a judgement and/or is unable to express himself, the doctor has to respect the living will and under no circumstances is allowed to carry out the measures which the patient has refused. If one conditions for a binding living will is not fulfilled, the will is then non-binding. However, the greater the number of conditions which are fulfilled, the more likely it is that a doctor will consider it binding. In all cases, the binding living will serves as an aid for the doctor to indicate the will of the patient.
authors.affiliation: Institut für Ethik und Recht in der Medizin, Universität Wien. maria.kletecka-pulker@univie.ac.at
authors.forename: Maria
authors.initials: M
authors.lastname: Kletecka-Pulker
mesh_terms: D016223:Advance Directives / Q000145:classification* / Q000331:legislation & jurisprudence*; D001294:Attitude to Health; D006801:Humans; D007600:Judgment; D016224:Living Wills / Q000331:legislation & jurisprudence; D008189:Luxembourg; D028701:Patient Rights / Q000331:legislation & jurisprudence; D016312:Treatment Refusal / Q000331:legislation & jurisprudence