Judges Rule Living Wills Must No Longer be Obeyed by Doctors

Under new rules set out by judges, living wills must no longer be obeyed by doctors and the medical profession.

Living wills, which enable desperately sick patients to give advance orders to doctors to end their lives, are no longer to be obeyed by the medical profession after judges rule withdrawal of nutrition and hydration must be brought to the court. Effectively striking down the 2005 Mental Capacity Act, the workings of the Act are now on hold under Court of Protection issued directions.

Speaking to the public, Senior Court of Protection judge Mr Justice Baker said:

"The time may come when applications to the court are unnecessary save where there is a dispute. But for my part, I do not believe that we have yet got to that point.

"Medical science and the law are still evolving. Until such time as we have greater clarity and understanding about the disorders of consciousness, and about the legal and ethical principles to be applied, there remains a need for independent oversight."

Lord Falconer, who was Lord Chancellor between 2003 and 2007, questioned the right of judges to overrule legislation made by Parliament and is now a campaigner for an assisted dying law.

If you want to apply to become a Deputy for a family member or close friend, contact our Court of Protection solicitors on 0845 603 0708 for advice.

National Solicitors

Court of Protection Solicitors