In a landmark decision, Mrs Justice This, recently ruled that a 67 year old man suffering from motor neurone disease could have his breathing machine removed. This decision was made at the Court of Protection, the division of the High Court which rules on life and death medical decisions.
The father of two, who cannot write or speak because of the effects of his illness, made a legally valid Living Will and communicated through blinking to his wife, that he wished to die. He consented to the Living Will to his wife in the presence of witnesses, who included a doctor, social worker and carer.
Heather Varley, an Associate in our Wills Team, says "A Living Will is known legally as an advance decision or advance statement or directive and is a way of saying how you wish to be cared for in the future should you lose mental capacity. Everyone has a right to refuse medical treatment should they wish to. An advance decision will only be valid if:
- you were over 18 when it was made and had the mental capacity to do so
- you have set out exactly which treatments you don’t want in future ( refusing life saving treatment must be signed and witnessed)
- you have explained the circumstances under which you would want to refuse this treatment
- you have made the decision without any influence from anyone
Advance decisions to refuse treatment are covered by the Mental Capacity Act 2005, which became law in 2007. A valid advance decision refusing life saving treatment means you cannot be treated by doctors. If you were treated then legal action might be taken against them.
Get in touch if you need more information on this topic. For a free initial meeting please call 01202 499255 and Heather or a member of her team will be happy to discuss any questions you may have.