After 'M', Advance Decisions have become even more important
13th October 2011
A recent judgment in the Court of Protection has made making an Advance Decision essential for anyone wishing to refuse life-sustaining treatment in the event that they lose capacity to make decisions for themselves.
The family of a fifty-three year-old woman, known only as 'M', lost their fight to for doctors to allow her to die. M was left with severe brain damage in 2003, after suffering viral encephalitis and she has been fed through a tube since then. Doctors initially believed her to be in a persistent vegetative state, but the diagnosis was subsequently changed with M being described as 'minimally conscious'.
In 2007, M's family applied for her artificial nutrition and hydration to be stopped. They believe that M would not want to live "a life dependent on others". M's sister told the Court that she believed M had no pleasure in life.
In September 2011, Mr Justice Baker found that whilst M's life does have negative aspects, she "does have positive experiences ... although her life is extremely restricted, it is not without pleasures, albeit small ones".
This is the first time the Court has ruled in the case of someone diagnosed as minimally conscious. This diagnosis means that M displays some intentional responses to stimuli which suggest she has some cognitive function, whereas patients in a persistent vegetative state do not.
The judgment in this landmark case means that all cases where a patient is diagnosed as being in a similarly minimally conscious state will need to be brought before the Court for a decision on whether life-sustaining treatment can be withdrawn.
Mr Justice Baker also stated that had M made a formal Advance Decision refusing life-sustaining treatment in her current circumstances, 'the court would have abided [by it]'.
Switalskis Partner, and Head of Court of Protection department, Michael Kennedy, said, "the judgment in the case of M has clarified the law, and importantly highlighted how crucial it can be to make a formal Advance Decision refusing life-sustaining treatment."
He continued: "Advance Decisions have to be specific in order to be effective, and it is always a good idea to take legal advice prior to making one. In some circumstances, public funding is available to help people do this".
M's family is currently considering whether to appeal the judgment.
If you would like advice about making an Advance Decision, or would like to talk to one of our Court of Protection team about a mental capacity law issue affecting you or your family, contact our team. Email: courtofprotection@switalskis.com, or telephone your local Switalskis office to be put through to one of our specialists.
In this Section:
Contact our team:
Press:
for more information on any of our news stories or press releases, contact our Marketing Officer, George Lockley:
