BMJ 2007;335:688-689 (6 October), doi:10.1136/bmj.39356.633993.DB
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Patients win right to have their advance decisions honoured
Clare Dyer, legal correspondent
BMJ
| The first 150 words of the full text of this article appear below. |
A new statutory right for patients to say in advance what treatments they would want to refuse if they later lose the capacity to take decisions came into force this week.
Doctors will have to abide by the new advance decisions to refuse treatment (ADRTs) or risk criminal or civil proceedings in the courts.
The measure forms part of the Mental Capacity Act 2005, which from October 1 also gives individuals the right to create a lasting power of attorney by appointing a trusted friend or relative to take healthcare decisions for them in the event that they become incapacitated.
Advance directives or "living wills" to refuse treatments are already binding under common law, but the act sets up a statutory framework that aims to give doctors and patients greater certainty.
Patients will not be able to demand any particular treatment or require a doctor to do anything unlawful. NHS
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