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The controversy over living wills and euthanasia moved to the House of Commons today where the Government sustained a backbench rebellion by Labour MPs who oppose elements of the Mental Capacity Bill, which some groups say would legalise euthanasia if passed in its present form.
What is a living will?
A living will is a legal document drawn up by individuals who wish to dictate how they want to be treated in hospital if they ever lose the mental capacity to be consulted.
Without such an advance decision, patients deemed unable to state their views have these decisions made for them by doctors acting in their best interests.
Are they available already?
Yes. They are already permitted in common law but the Mental Capacity Bill, which has been ten years in preparation and is currently being debated in the House of Commons, would give advance decisions a statutory footing and make it clear how they should operate.
It will introduce a code of practice for people such as healthcare workers who have to make decisions such as whether a patient lacks capacity to determine their own welfare.
Almost 80 per cent of Britons signing living wills are Jehovah's Witnesses, whose faith does not allow blood transfusions.
Why make the change?
The Government believes that the Bill merely codifies into statute the case law which has established a patient's rights when they lack capacity to make their own decisions.
Who supports the Bill?
Age Concern, The Alzheimer's Society and Citizens' Advice have all declared their support for the legislation which they say will protect the rights of people who are unable to look after themselves.
Anything particularly controversial in it?
A provision within the Mental Capacity Bill is the patient's ability to give a trusted friend or relative lasting power of attorney to take these decisions on their behalf, refusing or authorising treatment.
Before an advance decision is followed through, a doctor must be satisfied that the decision has not been revoked and that the person has not changed their mind. Where there is any doubt, the situation must be resolved in favour of preservation of life.
Some groups fear that unscrupulous relatives who might gain from the person's death could exploit such directives and stop their treatment in the hope of inheriting property.
The Catholic Church and pro-life groups have appealed to their members to lobby MPs for amendments saying the Bill has "serious weaknesses". They do not accept that anyone should have the power to decide when another person dies.
What are the other concerns?
Much of the debate around the Bill has focused on whether it allows "euthanasia by omission", the withholding or withdrawing of life-sustaining medical treatment done with the purpose of bringing about death.
But Lord Filkin, the Constitutional Affairs Minister, says that such fears are unfounded: "This Bill expressly provides that it does not affect the law on murder, manslaughter or assisted suicide."
How do I make a living will?
You can write down your wishes and have these checked by a solicitor or other independent witness. Then hand the document to your family and your GP. There are also on-line versions. A basic one which fulfils the requirements suggested by the British Medical Association, is at www.euthanasia.cc/lwvh.html
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