Yes, I’m not here to argue about palliative care or the rights and wrongs of that. Sadly I lost my dad to cancer so I’ve seen end of life care up close and personal.
My sole point is about the ruling on her capacity. Sorry, this thread has been going on a while so I can’t remember if you’ve said before, but did you read the court transcripts? Someone posted a link earlier in the thread. The judge explicitly says that she’s not delusional. And he also points out that according to case law, making poor decisions isn’t grounds to judge someone to not have capacity.
Grief and fear can really skew your perception but the point is, as the patient it’s your call to make. And case law supports that. Making terrible decisions isn’t sufficient grounds to be judged as lacking capacity. Case law is very clear on this point.
She wasn’t delusional, she just refused to entertain the idea of dying. That’s not the same thing. It’s a coping mechanism and one that is very common. In normal circumstances we don’t describe these people as delusional - we use phrases like “they carried on fighting right up to their death”. For some reason, and I can’t quite fathom why, in this case the very normal response has been used to find her as lacking capacity.
She does actually sort of acknowledge the concept of dying as she said to the Psych that she “wanted to die trying to live” - that’s a tacit acknowledgment of her situation.
I agree her hopes for treatment in Canada were wildly unrealistic and I’m not advocating that was ever a possibility. I just really do feel that being unable to stare death boldly in the face doesn’t mean you lack capacity. It makes you desperate and scared.
If she had survived longer, the next hearings would have been about suitable ongoing treatment and that’s a different matter altogether. It’s just the subject of capacity that I think they got very wrong.