Briefing

A ground-breaking decision in the High Court has highlighted the importance of individuals putting in place Advance Decisions (formerly known as 'Living Wills').  The Judge ruled that artificial nutrition and hydration should not be withdrawn from a minimally conscious woman (known as M) despite pleas from her family to allow her to die.  Before her illness M had told her family that she would not want to be kept alive in such a condition but the Judge ruled that any previous oral requests could not be considered binding or carry substantial weight.  Crucially, had this request been finalised in an Advance Decision, it would have been binding and life support could have been withdrawn. 

This briefing, by Sarah von Schmidt and Beth Walker looks at Advance Decisions; the difference between them; and Lasting Power of Attorney and how to put an Advance Decision in place.