Wybrane problemy związane z wprowadzeniem do ustawodawstwa polskiego regulacji prawnych dotyczących tzw. testamentów życia

Abstract

Proposals to regulate life associated problems in Poland cause interest and are discussed both on the social and doctrinal plane. Th e issue is controversial because it concerns the very delicate sphere of human life. Th is particular work is an attempt to define the “will of life”. We say that this is a pro futuro statement, where each person can express his or her willingness to use specifi c medical procedures in anticipation of a future terminal condition. We then discuss the form and scope of the will and try to determine how much the doctor is bound by the patient’s independent will which is expressed in the testament of life. In our work, we conducted an analysis of Supreme Court case law in order to consider problematic issues. We also dealt with the difficult questions of the topicality of will of life to finding a patient in a particular medical situation, because the will of man can change signifi cantly as a result of illness. A healthy person judges the value of life well but his will can change over time. In conclusion, we present arguments for and against the acceptance of wills of life. We discuss the need to regulate the above issues in Poland and point to how solutions adopted in other countries might fit in the field of domestic legislation.