Right to treatment - 'champions' to have say over treatment

30/01/2006

Thank you so much for handling my case so well. You came to know us at a great time of sadness and you were so kind. We will always remember you as very professional but also very warm hearted.

Sylvia, Tamworth

Under new plans, people will be able to appoint a 'champion' to say yes or no to life-sustaining treatment once they are too ill to do so themselves.

Adults will be able to appoint someone to speak and instruct a doctor on their behalf.

This is part of the Mental Capacity Act, which comes into force next year.

Under plans to implement the act Ministers will consider whether to include the power to refuse life-sustaining care.

The proposals have been criticised as amounting to "back-door euthanasia".

The plans are outlined in a consultation paper from the Department of Constitutional Affairs.

People would indicate their wishes by way of a tick box form - a 'yes' or 'no' to give their representative the power of attorney over their healthcare.

People would then answer a two line question asking whether the person being granted power of attorney would be able to give or refuse consent to life sustaining treatment on their behalf.

Laws for some time have allowed people to appoint their friends or relatives to look after their financial affairs if they become incapacitated.

Health Secretary Patricia Hewitt said the proposals were not a step towards euthanasia.

"These new rules will allow someone to give their representative lasting power of attorney to carry out their wishes after the point at which they are unable to do so themselves."

"This is a positive step to extend the rights of people to decide their own care," said private client solicitor at Alexander Harris.

The consultation paper on the Act was issued by the government on 20th January. The consultation ends on 14th April.

The idea is that people who choose to make lasting power of attorney can do so under clear, easy-to-follow processes and simple and effective forms.

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