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Can life support be withdrawn by a Doctor without a Court Order?

It has long been thought that for a Doctor to withdraw life support from a dying patient a Court Order was needed. However  in the recent case of M v A Hospital 2017 it is been confirmed by the High Court that doctors do not need a Court of Protection Order before withdrawing life support if all parties concerned agree and that it is in the patients best interest. The doctors have to act in accordance with the recognised medical standards but also the Mental Capacity Act 2005 when assessing if it is appropriate to withdraw the treatment.

If you have specific views on this topic , in particular whether you should/should not have life sustaining treatment then you should consider making a Living Will. A Living Will only takes effect if you become unable to tell people your wishes about your medical treatment, so you can no longer take part in decisions about it.  You can say in advance what your wishes are about medical treatment – this is called an “advance directive”.

You can appoint someone called a “Healthcare Proxy”, to take part in decisions about medical treatment on your behalf.

In England and Wales an advance refusal of treatment is legally binding as long as the following conditions apply:-

  • You make your refusal when you were mentally capable of making that kind of decision.
  • You meant your refusal to apply in the kind of situation that later arose, and you understood the consequences of your decision in that kind of situation.
  • It really was your decision, and you did not decide under someone else’s influence.
  • Please note that you cannot insist on receiving any particular treatment

Should you have any queries in relation to Living Wills or Lasting Powers of Attorney please contact one of our dedicated advisors in the Wills and Probate Department on 01606 74301.