Living Will And Informed Medical Consent In Nigeria
BACKGROUND
It is common knowledge that Wills are testamentary and come into operation only after the death of the testator. Thus, Wills allow the testator to give binding instructions despite the supreme finality of death in terms of the testator's autonomy. Meanwhile, death is barely the only factor that could deprive an individual of autonomy. Highly incapacitating and terminal illnesses, and being in a medical vegetative state may also deprive several persons of autonomy. This contrast becomes more legally interesting considering that such incapacitated persons, unlike deceased ones, are still alive and seised of their fundamental human right to liberty and self-determination.1
In such dire situations, the close relatives and/or friends of such persons usually take decisions on choice of medical treatments and procedures. Unfortunately, however, unlike the case of a valid Will, there is no certainty that the decisions of such close relatives or friends would genuinely and completely reflect the patient's wishes. Could there be innovative ways to take advantage of existing Nigerian laws to achieve certainty on this subject? The full article is available here.