“Will of Life” as a Challenge for the Polish Legislator – Selected Problems

Abstract

Proposals to regulate life problems in Poland cause interest and are discussed both in the social and doctrinal level. The issue is controversial because it concerns a very delicate sphere of human life. This work is an attempt to define “the will of life”. We state that this is a pro futuro statement, where each person can express his or her willingness to use specific medical procedures in anticipation of their future terminal condition. Then we will also discuss the form and scope of the will and we will try to determine the extent to which a doctor is bound by the patient’s independent will expressed in the testament of life. In our work, we conducted an analysis of the Supreme Court case law in order to consider problematic issues. We also dealt with difficult questions of the topicality of will of life by referring to a patient in a particular medical situation since the will of man can change because of an illness. A healthy person judges the value of life well; his will can change over time. In conclusion, we presented arguments for and against the acceptance of wills of life. We discussed the need to regulate the above issues in Poland and pointed out which solutions adopted in other countries could be enacted in the field of domestic legislation.