Advance Medical Directives in Malaysia: Issues and Challenges

Abstract

Advance Medical Directives serve as an important instrument to ensure that patients’ wishes regarding medical treatment are respected when they are no longer capable of making decisions autonomously. In Malaysia, although discourse surrounding patient autonomy has gained increasing attention, the implementation of Advance Medical Directives remains limited due to the absence of specific legal provisions and a low level of public awareness. This paper discusses the issues surrounding the practice of Advance Medical Directives and the challenges in their implementation in Malaysia in greater depth. Adopting a qualitative approach based on content analysis, the discussion highlights the need for professional guidance in the preparation of such directives and refers to legal practices in foreign jurisdictions for comparative purposes. Data were gathered from both primary and secondary sources to support the analysis. The core focus of this paper is to unravel the constraints arising from the lack of a specific legal framework governing the practice of Advance Medical Directives in Malaysia. Findings indicate that, to date, there is no dedicated legislation related to Advance Medical Directive in Malaysia. Therefore, legal reform is important in this context.

Keywords: Advance Medical Directives, patient autonomy, medical consultation, medical ethics, end of life, principle of autonomy

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