NATIONAL NEWS - Alzheimer's SA, the national organisation which assists dementia sufferers and their families, wishes to alert the public to the National Health Amendment Bill 2018, which is in the pipeline.

The draft Bill will clarify whether a “living will” or a substitute decision-maker’s decision may be overridden by a medical practitioner or family members in any circumstances.

In accordance with section 73(2) of the Constitution, notice has been given that Deidre Carter, an MP of the COPE political party, intends to introduce the Bill in Parliament. An explanatory summary of the Bill has been published.

Comments or submissions on the Bill can be emailed to the Speaker of the National Assembly at speaker@parliament.gov.za and copied to dcarter@parliament.gov.za by no later than Saturday, 25 August.

Any competent person may foresee the possibility of becoming incompetent when they enter the terminal phase of the dying process, and may wish to control their healthcare decision-making as they are able to do when they are competent.

Advance health care directives are designed to enable competent persons to express their preferences and give instructions about such possible future situations.

The National Health Act, No. 61 of 2003, does, to an extent, contain provisions about advance health care directives in that in one provision of the Act, a “living will” is inferred and in another, provision is made for the appointment of a substitute healthcare decisionmaker.

However, it is argued that these provisions, while a step in the right direction, are inadequate for a number of reasons.

These reasons include that a “living will” is not expressly recognised; the purpose, scope and format of these advance health care directives are not explicitly set out; it is not clear whether they may, in certain circumstances, be overridden by family or medical practitioners; whether persons acting upon the directives are immune from civil and criminal prosecutions; and how to deal with a situation where two substitute decision-makers disagree about the treatment the patient should receive.

The National Health Amendment Bill will therefore:

• • provide for and clarify the legal status of two types of advance health care directives: a “living will” and a “durable power of attorney for healthcare”;
• • set out the purpose, scope and format for these advance health care directives and provide for the resolution of disputes related to these directives;
• • clarify whether a “living will” or a substitute decision-maker’s decision may be overridden by a medical practitioner or family members in any circumstances; and
• • clarify whether someone acting upon these directives is immune from criminal and civil prosecutions.

Enquiries can be directed to Rodger Ferguson (021 403 8898).

Sources: www.sabinetlaw.co.za, Parliamentary Monitoring Group.

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