Who decides? : making decisions on behalf of mentally incapacitated adults : a consultation paper / issued by the Lord Chancellor's Department.

  • Great Britain. Lord Chancellor's Department.
Date:
1997
Catalogue details

Licence: Open Government Licence

Credit: Who decides? : making decisions on behalf of mentally incapacitated adults : a consultation paper / issued by the Lord Chancellor's Department. Source: Wellcome Collection.

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    Advance Statements about Health Care This Chapter looks at one of the more sensitive areas of the Law Commission’s work: their recommendations on advance statements (which are also commonly referred to as advance directives, living wills, or, where the statement refuses treatment, advance refusals). The Chapter observes that advance refusals already have full effect at common law, but seeks views on whether the Government should be legislating in this area, and if so, what should be the aim of such legislation. The Law Commission’s recommendations are examined closely as a possible model for legislation, should respondents think legislation is appropriate. Background Advance refusals of treatment Resort to the courts Independent Supervision of Medical and Research Procedures This Chapter considers another area of particular sensitivity: the supervision of medical and research procedures, including sterilisation, donation of tissue or bone marrow, and abortion. The Law Commission recommended independent supervision to ensure that the best interests of the person without capacity are protected in all circumstances. The Government wishes to ensure that there are sufficient safeguards. Background Treatments requiring court approval Treatments requiring a second doctor’s certificate Departing from the best interests criteria Research procedures not intended to benefit the participant Mental Incapacity Research Committee Continuing Powers of Attorney The Law Commission recommended a significant extension of the existing system of powers of attorney and Enduring Powers of Attorney. Their final Report suggested an unified scheme to provide for substitute decision-making procedures. A Continuing Power of Attorney is recommended, which would allow an attorney to make decisions relating to personal welfare, health care and financial matters, even after the donor of the power of attorney has lost capacity. The Green Paper seeks views on the scope and nature of the proposed scheme, and on the appropriate safeguards. Background Continuing Powers of Attorney — definition and restrictions The donor and the donee Creating, amending, terminating and registering a CPA Execution and registration requirements 23 23 fas) 30 33 a2 34 36 oe 40 41 43 43 ae 47 47 49