If you look on the Internet there seems to be quite a lot of debate on whether or not to provide food and water to the dying. Particularly if it has to be administered by artificial means. For most if us we think of using a knife and fork when we eat and a glass to drink. We don't think of a tube placed through your nose and throat or directly into your stomach.
Not nice to consider. Don't most of us want a say on how we should be treated if the time ever comes?
Living Wills or Advance decisions were big news a few years ago but have since retreated into the shadows. I set out below some notes I've prepared on what making an advance decision involves.
You don't need to put your wishes in writing unless you want to refuse life saving treatment. An important thing not to forget.
As always this is general advice. You should take specific advice on your circumstances before acting
Making and Advance Decision - "Living will"
1. An advance decision is a written
statement which states what medical treatment is not to be carried out or
continued if you lose mental capacity.
It does not form part of your will and is a totally separate document to
it. It applies during your life whereas
your will only comes into effect on your death.
Mental
capacity means the ability
to understand the affect of your decisions. Can a person:
1.1 understand and make sense of what is being
said to them
1.2 making a rational decision based on what
they have been told
1.3 express or otherwise communicate that
decision.
2. An advance decision won’t apply where:
The advance decision must
specify what medical treatment is not to be carried out. It will only apply to specified treatments. You can make a statement in general terms so
long as your intention and wishes are clear.
Any circumstances specified in
the advance decision are absent.
2.3 Un-anticipated circumstances
There are reasonable grounds
for believing that circumstances exist which you didn’t anticipate at the time
of making the advance decision and which would have affected your decision had
you anticipated them e.g. medical advances
2.4 No declaration as to life
saving treatment
The advance decision won’t
apply to life saving treatment unless it contains a specific statement that it
is to apply even if life is at risk
2.5 It conflicts with a Personal Welfare
Lasting Power of Attorney
The advanced decision will become invalid if you later
create a Personal Welfare Lasting Power of Attorney which would confer
authority on the Attorney to give or refuse consent to the treatment to which
the advance decision relates.
3. Cancelling an advance decision
You can do this at anytime in
whole or part. Any cancellation does not
need to be in writing
4. What an advance decision
cannot do
You are not permitted to:
4.1 Refuse basic
nursing care essential to keep a person comfortable, such as washing, bathing and
mouth care
Close relatives should be informed of the existence of
such a document and its whereabouts. In the event of you being admitted to hospital
for any life threatening illness then it is important that its contents are
made known to the Doctors and Nurses who are treating you. We
recommend before finalising the Advance decision you discuss its contents and
implications with your GP.
6.1. The advance
statement must be in writing. If you want to refuse life saving treatement
6.2. The person making the statement must sign it
and have their signature witnessed. The
witness must sign in the presence of the person making the statement.
You should keep the advance decision under regular review
to make sure it still covers your circumstances and doesn’t otherwise become
invalid due to any of the grounds set out at paragraph 2 above.
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