Wealden Times | WT199 | September 2018 | Education supplement inside

Do it now
The best way to save your family from
traumatic decisions when you reach the
last stages of life is to put the right legal
protections in place now says Edward
Walter of Buss Murton
It is a topic which never seems to be much out of
the news – end of life care decisions; who makes
them, and on what basis. There are a number of legal
documents which occupy similar but not identical spaces.
A Lasting Power of Attorney (“LPA”) for Health &
Welfare decisions allows a person to give someone
else the authority to make healthcare and personal
welfare decisions if there comes a time when the
Donor themself cannot make the decision, because
he or she won’t understand the concepts involved
sufficiently to make an informed decision.
Under a Health & Welfare LPA, Attorneys can
make decisions about the Donor’s care, daily routine,
medication, medical treatment and living arrangements.
The Donor is also able to give or refuse permission
to the Attorney or Attorneys to make decisions
about life saving treatment i.e whether it should
be provided or whether it should not be.
“Do Not Resuscitate” Orders are a creature of the
National Health Service and they need to be given whilst
the Donor has informed consent. They provide that,
in the event that the individual’s heart stops beating,
it is not to be re-started. So, it deals with a limited
number of instances – i.e potentially fatal cessation of
lung function and/or heart functionality. A Do Not
Resuscitate Order will not necessarily assist where a
person is suffering from another terminal condition.
An Advance Directive, again, needs to be given well
in advance of there being any question of a mental
capacity concern. An Advance Directive is a document
which should empower you, the Donor, to give future
directions as to how you would like to be treated.
You can discuss how you would like to be
cared for and can explain your positive wishes
and also dictate the circumstances where you
would not want certain decisions to be made.
It may include information such as where you would
wish to be cared for, what your dietary requirements
might be, what your religious or other beliefs or systems
might be and may include who you would want to be
consulted regarding your care. This will also include
who you would and would not like to visit you.
It is important to understand what sort of decisions
can be specified in an Advance Directive or indeed
in the note section of a Health & Welfare LPA. At
present, the range extends from Advance Directives
stipulating that ‘maximum steps are taken to preserve
life’ no matter that ultimately, death is to be expected
within a reasonably short time frame, through to a
‘palliative care only’ style of Advance Directive.
Photo: Alvaro Serrano
169 wealdentimes.co.uk