New Article: Shvartzman et al, Advance Directives—The Israeli Experience

Shvartzman, Pesach, Yonatan Reuven, Mordechai Halperin, and Sasson Menahem. “Advance Directives—The Israeli Experience.” Journal of Pain and Symptom Management 49.6 (2015): 1097-1101.

 

URL: http://dx.doi.org/10.1016/j.jpainsymman.2014.12.009

 

Abstract

Context

A major step in end-of-life care was achieved in December 2005 when the Israeli parliament passed the “Dying Patient Law.” The law (§31–§36) allows a competent person, even if he/she is healthy, to leave written instructions known as advance medical directives (AD), in which they explain their wishes in detail with respect to future medical treatment should it be determined that they are an incompetent terminally ill patient, as defined by the provisions of that law.

Objectives

The aims were to characterize the group of individuals that completes ADs, characterize the content of recorded ADs, and analyze trends associated with them.

Methods

We performed a cross-sectional study of the entire population that signed ADs in Israel from 2007 to September 2010. All computerized AD forms were retrieved from the Ministry of Health’s database. A descriptive analysis of trends, characteristics, and authorized procedures relating to the population of AD signatories was done.

Results

There was an increase in the number of ADs signed during the study period (1167 signatories). About 90% of the AD signatories were 65 years of age or older and 95% were healthy at the time they completed the AD. In an end-stage condition, the mean number of procedures declined was 16.6 ± 4.7 of 19. In a non-end-stage condition, the corresponding mean number was 12.7 ± 3.7 of 15.

Conclusion

There is a need to increase awareness in the general population of the option to prepare ADs. Family physicians, oncologists, and geriatricians should be more involved in this process.

New Article: Hacker, The Rights of the Dead through the Prism of Israeli Succession Disputes

Hacker, Daphna. “The Rights of the Dead through the Prism of Israeli Succession Disputes.” International Journal of Law in Context 11.1 (2015): 40-58.

URL: http://dx.doi.org/10.1017/S1744552314000354

Abstract

This paper aims at contributing to the evolving debate over the rights of the dead by providing it with concrete empirical socio-legal context. A pioneering study of succession disputes, conducted in Israel, exposes a gap between a prominent judicial promise to respect the wishes and guard the dignity of the deceased testator, and the actual action taking place behind this rhetoric. The findings reveal that the testator’s dignity and wishes are trampled during testamentary procedures, when demeaning allegations about his or her mental and physical competence are allowed, and personal and medical information is exposed, and when the judge approves settlements that diverge from the testator’s last will in the name of familial reconciliation, even though in most cases there are no nuclear family ties between the rival parties. These findings are discussed in the light of an original typology mapping the theoretical controversies over posthumous rights, to highlight some of the possible normative implications of the project for the law on the books and law in action related to property division after death.

ToC: Israel Studies Review 28,2 (2013)

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Authors: Fogiel-Bijaoui, Sylvie; Rutlinger-Reiner, Reina

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