Clause 24 - Advance decisions to refuse treatment: general
Mental Capacity Bill
9:30 am
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss the following:
Amendment No. 36, in
clause 24, page 14, line 21, at end insert
'provided that the decision is not voided by uncertainty'.
Amendment No. 37, in
clause 25, page 14, line 37, at end insert—
'(2A) An advance decision is not valid unless it is made in writing and witnessed by one independent person of standing, except in case of urgent necessity'.
Amendment No. 102, in
clause 25, page 15, line 8, at end add—
'(7) An advance statement shall normally be recorded in writing and witnessed by a third party.'.
Amendment No. 215, in
clause 25, page 14, line 37, at end insert—
'( ) is unable to prove he was not suicidal at the time the advance decision was made.'.
Amendment No. 216, in
clause 25, page 14, line 37, at end insert—
'( ) was not made aware of the consequences of the advance decision when it was made.'.
New clause 1—Advance statements on treatment: general—
(1) In this section and sections 25 and 26 ''advance statement'' means either
(a) a decision made by a person (''P''), after he has reached 18 and when he has capacity to do so, that if—
(i) at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and
(ii) at that time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or continued, or
(b) an advance request made by a person (''P''), after he has reached age 18 and when he has capacity to do so, specifying what treatment he would wish to receive should he become incapable of participating in decisions about his treatment.
(2) For the purposes of subsection (1)(a)(i) and (1)(a)(b), a decision may be regarded as specifying a treatment or circumstances even though expressed in layman's terms.
(3) An advance request may specify that P wishes all reasonably practical steps to be taken to maintain his life, including initiation or continuation of artificial nutrition and hydration.
(4) P may withdraw or alter an advance statement at any time when he has capacity to do so.'.