§ Mr. Laurence RobertsonTo ask the Secretary of State for Health what responsibility(a) primary care trusts and (b) hospital trusts have to check whether patients have signed living wills; what the procedure is for carrying out such checks; what guidance he gives on recognition of such documents; and if he will make a statement. [134047]
§ Ms Rosie WintertonIt is a general principle of law and medical practice that a person with the necessary capacity has the right to consent to or refuse treatment. A healthcare professional will therefore discuss with a patient possible treatment options. This would, where it is appropriate and as a matter of good practice, include how a patient would like to be treated if he or she were to become incapacitated.
There are no formal procedures for checking whether a patient has made a "living will". But the process of obtaining consent should lead to a discussion of the subject where a patient's condition makes it appropriate.
Guidance on advance refusals is included in the Department of Health's Reference Guide to Consent for Examination or Treatment published in March 2001.
The draft Mental Incapacity Bill contains proposals for putting advance decisions to refuse treatment on a statutory footing.