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| Issue 104: Bernat, Erwin: Antezipierte Erklärungen und das Recht auf einen selbstbestimmten Tod. January 1996 | | | ADVANCE DIRECTIVES, SELF-DETERMINATION AND THE RIGHT TO DIE 'Living Wills', Advance Directives and Durable Power of Attorney have rarely played a mayor role in clinical decision making in Germany; only a few court decisions are available in the German literature. Erwin Bernat discusses a September 1994 Decision by the German Bundesgerichtshof (Federal Supreme Court) which mandates that advance directives and subjective values of the patient have to guide clinical decision making, that societal or objective values may only serve as default criteria in the absence of advance directives, and that the disregard of patient's wishes and directives can constitute a criminal act.
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