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”.

She added: “The Code of Practice will ensure that best practice is followed and strict safeguards are in place to protect these most vulnerable people. I look forward to hearing people’s views on the code and to continue the open dialogue we have had during every stage of this Act’s passage.” The Act has been billed as providing a “broad framework” for protecting the two million adults in Britain who are at some point unable to make decisions for themselves due to disability or mental illness.

The code contains a range of guidance, from day-to-day advice to information on making a Lasting Power of Attorney and advance decisions on refusing medical treatment in specified circumstances.

It also gives details on the duties and responsibilities of healthcare professionals involved in such treatment and the advice and support available to them, together with the role of the new Court of Protection and the Office of the Public Guardian.