Proposed mental incapacity code allows for ‘living wills’

DETAILS of plans allowing people to make a type of “living will” for use if they become mentally incapacitated have been published by the British Government.

The controversial measures mean patients suffering from diseases such as Alzheimer’s can give “lasting powers of attorney” to a family member or friend. The nominated person would then be able to make decisions on the patient’s health - including asking doctors to stop life-sustaining treatment.

Previously, the law has only permitted financial matters to be delegated. However, ministers have denied the change is a step towards legalising euthanasia. The draft Code of Practice, unveiled in London yesterday, follows last year’s Mental Capacity Act, which comes into force in April 2007. The code is under consultation until June and Health Minister Rosie Winterton said the Act was “an important step towards empowering vulnerable people who lack mental capacity to make decisions for themselves”.