In recent times, we have received a number of requests from permanent residents who, due to the seriousness of their health condition, because they suffer from cancer, are concerned about their medical condition and whether or not they will receive healthcare. This is the case if, for some reason, they are unable to express their free will.
These residents want to express their personal declarations in advance, so that they can be used in the future to determine whether or not they will receive healthcare. In other words, they want to issue a kind of health care power of attorney, the legal form of which does not seem to exist in the local legal system. The matter therefore needs to be properly dealt with and regulated, although it can be dealt with using the general principles of civil law.
Doctors normally obtain the patient’s consent, or possible refusal, by giving them the necessary information so that the patient can consciously give consent, or object, to medical care. This information derives from the medical “lege artis”, fully answering questions about the why – and how – of the proposed intervention or treatment, as well as the existence, or not, of therapeutic alternatives to that intervention or treatment: relative advantages, possible risks, negative consequences of the treatment, and possible side effects. Basically, this duty of medical information should include everything that contributes to the effective exercise of the right to personal self-determination and the free disposal of one’s own body; which is why consent cannot be considered valid if the information transmitted is distorted or misunderstood by the patient.
Finally, it should be noted that these declarations of personal will, which are unilateral and can be revoked at any time, are often confused with wills, because they depend on certain content, conscience, freedom and clarification requirements being met. However, unlike wills, they are only of a non-patrimonial nature and are only intended to be valid for a period prior to the declarant’s death. This last aspect clearly separates it from the legal concept of wills.
Macau Civil Service Workers Association (ATFPM）
