§ Lord Ashbourneasked Her Majesty's Government:
Whether in the case of persons who are suffering from a stroke rendering them unable to swallow, but who are not terminally ill, a previously executed advance refusal of fluids administered via a tube would lead to a protracted and distressing death; and whether they will issue guidance accordingly for persons contemplating such an advance refusal. [HL102]
§ Baroness Jay of PaddingtonAn advance refusal of artificial hydration made by a person who has suffered a stroke will only be applicable if the person is no longer able to decide whether to accept or refuse such treatment, and the circumstances match those envisaged by the advance refusal. In these circumstances, appropriate medical care would be provided to ensure that the dignity of the patient was maintained and any suffering or distress was minimised.
A range of guidance is available for people contemplating making an advance refusal of treatment. At present we have no plans to issue additional guidance. In December 1997 we issued a Green Paper Who Decides? which asks a number of questions on decision making for those who have lost capacity including whether advance refusals of treatment should be put on a statutory basis. The consultation closes in March 1998.