The right to life
Most people will have to deal with a dying relative at some stage in their lives or have to consider themselves when and how they would want to be kept alive. Some make “living wills” expressing their intentions if relatives are left with decisions about whether to prolong their life.
Charles Abbott, head of our Wills, Trusts and Probate Department, says: “We can consider with clients at the time when they draw up their will if they would find it helpful to draw up a document such as what are known as “living wills” and we can also provide advice if you end up in dispute with relatives about what to do with a very sick member of your family who cannot make decisions for themselves.
In July a patient who was terminally ill with a degenerative brain condition won a High Court ruling that he could be given drink, kept alive, even when dying. General Medical Council guidelines saying to the contrary were held to be unlawful. The judge said that a patient who was competent or who had left instructions could insist that doctors continued to provide artificial nutrition and hydration. This man has a condition which will gradually get worse and eventually he will lose the ability to swallow at which time he will have to be fed by a tube. The judge said the man would be aware to the end of how he felt and he had decided in advance he did not want to die of thirst over a 2 or 3 week period. He did not want a decision to be taken by doctors that his life is no longer worth living.”
The GMC guidelines of 2002 had said that doctors take the decision about whether to withhold or withdraw life prolonging treatment, not the patient. Para 81, which has now been held unlawful, had said that doctors could withdraw artificial nutrition or hydration if it would just increase suffering or be too burdensome in relation to the possible benefits. The judge said that where doctors disagreed with a patient they should try to find a doctor whose views accorded with the patient’s.
The judge did say if no instructions had been left and the patient lapsed into a final coma and lacked all awareness of what was happening, then the position would be different and at that point artificial feeding could be withdrawn.
The judge also confirmed that most of the GMC guidelines were extremely good and would provide much comfort to relatives and patients, apart from para 81 which was unlawful. In cases of doubt court orders would have to be sought.”
For further information on this subject or to have a will or living will drawn up contact Charles Abbott on (0117) 929 0451 or e-mail cabbott@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to you. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published