Adrian Ward informed those present about the above ELI project, and its team’s aim at developing model laws and practical guidance on advance choices. On the occasion, he focused on three aspects of the ELI project:
· Firstly, unless decided otherwise, the team will consider that the model laws are not intended to confer upon the granter, by way of an advance choice, rights that the granter would not otherwise have at the time and in the jurisdiction where relevant provisions of the advance choice become operable.
· Secondly, consideration will be given for provisions in the model laws (and/or supporting materials) for granters to specify mechanisms for deciding whether, in a particular instance, advance instructions should be disapplied.
· And, finally, there is a need to explore further, in the context of existing regimes and the current human rights environment, situations of conflict between the will of the granter as expressed in an advance choice document, and the apparent will of the granter at times when it becomes operable.
Dr Lucy Series of the University of Bristol responded to the presentation, which was followed by a lively general discussion with participants.
The Essex Autonomy Project is led by Professor Wayne Martin (Member of the ELI project’s Advisory Committee). More information about it is available here.
