Clause 24 - Advance decisions to refuse treatment: general
Mental Capacity Bill
10:15 am

Photo of Mr Paul Holmes

Mr Paul Holmes (Shadow Minister (Work and Pensions), Work & Pensions; Chesterfield, Liberal Democrat)

I am following the hon. Lady's argument with interest. There is a great deal of common ground between us in respect of these amendments—for example, we agree about the need

to put in safeguards such as written directives and independent witnesses. However, will she clarify some of the ongoing logic? I am in the process of making a living will; I have meant to do that for a long time, but taking part in this Committee has given me the focus to do so. The argument seems to be that at some point in the future, medical experts could say that in the light of events, my advance directive or living will should no longer be seen as valid, and they will override my decision. Does the hon. Lady also agree that if someone makes an advance directive stating that they want certain treatments or nutrition in certain circumstances, the medical experts could again say that that is not appropriate and they will override that?

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