Can a person be removed from hospital by a relative if it's against the hospital's/doctor's advice?

[PositivelyGlowing]

Just a bit of curiosity here, I'm not aware of anyone in my family under similar circumstances, the following came up in a chat with my wife.

Let's say that I have a heart attack, bad accident, stroke, etc and cannot easily communicate my wishes, however my wife knows very well that I would never want to stay in hospital if I was thoroughly miserable with little or no hope of recovery and if I was suffering. I'd rather be at home.

Even if the doctors advise against it, can my wife (for example) remove me from hospital? Can she, with the help of a friend for example, just put me in a wheelchair and wheel me out?

In fact, should I be making some kind of 'living will' to state my wishes and put them on file should such an event occur? That way the hospital would have it in writing that I wouldn't want to remain there.

You should definitely make a living will and/or sign a DNR form. Because my mother had signed one I was able to stop them taking her back to hospital. We both wanted her to die at home. I have discharged my husband from our local hospital but he was conscious and agreed and the consultant had advised it!

I would have thought there could be legal ramifications for the person who took them out to maybe essentially die. Interested to know whether a living will could work.

Have a look at making an advance decision

I know they let my grandad leave the hospital when his bowel cancer was to advanced to treat (after he done something eventually about symptoms back then 2000) few short weeks at home on a bed in lounge he passed.

Yes but she'd have to sign a disclaimer

You need to set up poa for yourselves and an advance directive, the hospital can let patients discharge themselves against medical advice. If you were unable to communicate your wishes then no your wife cannot just take you home without their consent or your wishes are documented. You can speak with your GP about a respect form. They won't just take your wife's word for it that you don't want to stay in hospital and neither of you want to have to go down the route of capacity and the court of protection.

Lasting power of attorney

No not if they need medical care

when my husband died 2 years ago after 2 months in hospital - I asked this question as I wanted to know all the scenarios in my head - the dr said no they wouldn’t have allowed it

when someone dies you chew yourself up after with all the possibilities that could have been - it’s like you beat yourself up about what you should have done in light of the knowledge you only have now they’ve died - I’m glad I asked as I couldn’t say to myself I should have tried getting him out of there

Yes IF the appropriate legal stuff is in place.

you can always discharge yourself from hospital (the doctors will make you sign a piece of paper to say if you die it’s your problem).

if you’ve got power of attorney in place for a specified person they can effectively make that decision for you. Advance directives might do the same thing, not so sure about those.

A living will is legally binding in England, Wales and NI as long as certain conditions met. Broadly that you had mental capacity when making it, it was signed with a valid witness, and you're declining treatment rather than demanding it.

I used the Compassion in Dying template to make mine. Link below is to section about whether it is legally binding, link to template is slightly further down the page.

https://compassionindying.org.uk/how-we-can-help/living-will-advance-decision/#does-a-doctor-have-to-follow-my-living-will

My dh wanted to discharge himself recently. The doctors were against it and said he’d have to sign a disclaimer.

If the patient had mental capacity, then the relatives can’t go against the patient’s wishes. A PoA doesn’t override this.

You can organise a medical Power of Attorney as well as a financial one and state your wishes in that. You’ll need witnesses to sign that you and your representive understand the implications. It’s quite easy there are forms on the government web site with all the guidance you need.
I think there is a problem with your wife removing you from hospital against medical advice - all beds are in demand so you would not be kept in hospital unless it was really necessary. It would put an unfair burden on your wife if she chose to have you discharged against medical and then you died as a result.

Whose going to look after you at home, if your condition is that bad that there's no hope of recovery you'll need 24hr nursing care until you die unless you suffer a catastrophic injury, heart attack or stroke that ends your life pretty quicklyin hospital. If you don't want treatment for these you need a dnar form too, doctors and paramedics can't predict how long you'll survive and you'll get immediate treatment abd intensive nursing for a whole. Your wife cannot just put you in a wheelchair, if you're that bad she won't be able to get you in and out of one and into a car anyway and the staff won't help you.

Thanks very much to everyone for all of the very helpful replies, it's very much appreciated.