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41 Liverpool L. Rev. 1 (2020)

handle is hein.journals/lvplr41 and id is 1 raw text is: Liverpool Law Review (2020) 41:1-26
https://doi.org/l 0.1007/si 0991-019-09230-2
Video Advance Directives: A Turning Point for Advance
Decision-Making? A Consideration of Their Roles
and Implications for Law and Practice
Hui Yun Chan'
Published online: 5 October 2019
© The Author(s) 2019
Abstract
Questions regarding making and implementing care preferences through advance
directives have become increasingly significant as the greying population grows with
rising numbers of people experiencing incapacity. Currently, there is no consensus in
the format for making advance directives. Recent developments highlighted the use of
recording technology as an option to counter the challenges of written forms. Services
offering video and audio recording available for online and offline storage are emerg-
ing in the United States. These services presumably strengthen a person's expression
of care preferences for healthcare providers in making treatment decisions compared
to written advance directives. This article examines the role video advance directives
play in advance decision-making and their legal and practical implications to the exist-
ing framework. An appreciation of the legal challenges presented by this development
facilitates an understanding of their use in contemporary advance directives and ena-
bles appropriate recommendations for implementing safeguards in their use.
Keywords Advance directives - Capacity - Recording technology - Safeguards-
Video
Introduction
Creating and implementing care preferences are increasingly significant issues
in providing healthcare services that are consistent with patient-centred care.1
A longer life expectancy and greying population, with rising numbers of people
Silveira et al. (2010: 1211), Umar et al. (2012: 1), Brom et al. (2014: e100435), Say and Thomson
(2003: 542), Sepucha and Mulley (2009: 53S).
E Hui Yun Chan
h.chan@hud.ac.uk
Department of Law, Huddersfield Business School, University of Huddersfield,
Queensgate, Huddersfield HD1 3DH, UK

I_) Springer

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