THE ROLE OF FAMILY MEMBERS AND CLOSE PERSONS IN HEALTH-CARE TREATMENT OF INCOMPETENT PATIENTS: A PORTUGUESE APPROACH

This Article analyses the role of family members and other close persons in the health-care decisions of incompetent patients. It will scrutinize the right to visit a patient in hospital and the importance of the beloved ones in that vulnerable stage of life. It notices a change in society recognized by law in two dimensions: the increasing autonomy of the patient, while nominating the persons who may visit at the hospital or who may participate in the decisions or even appointing a health care proxy; secondly the important role of close persons and friends. This signifies a changing family structure, whereby affections may take supremacy over traditional institutions. There will also be a reference to PVS cases and decisions concerning the collection of organs. Finally the importance of an advance directive that may be binding through procedural control is affirmed. Finally, these themes show the autonomy of medical law in several domains: sources of law, methodology and scope.