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Legal matters

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Anyone have any experience of Advanced directives??

8 replies

MinnieMummy · 29/01/2010 14:37

Out of the blue FIL sent through a copy of his advanced directive today to DH. As far as we're aware he doesn't have any life-threatening health problems (only aware of arthritis in his back plus I don't know what the medical term is but his hands shake a lot - have done since I've known DH, about 7yrs) but he and DH aren't very close and he lives about 90 miles away so it's not that surprising that they wouldn't have discussed this in advance.

Do people make these just to be thorough or would it automatically make you think there's something he's not telling us?? He is 63.

Also, it mostly concerns what treatment he does/doesn't want if he ends up in a coma, but there is also a paragraph that states that at no time does he want to be in a nursing home. Is that last part completely legally binding? We don't have any plans to put him in one (like I say, not that close either emotionally or geographically and also not aware of any imminent need) but it struck me as a little odd, especially given that he put his own mum in one a couple of years ago when she didn't want to go. What happens if the only situation is that he needs full-time care? Will DH or his brother be forced to employ a live-in nurse or look after him themselves? Or is it just a statement of preference?

Any advice gratefully welcomed.

OP posts:
MinnieMummy · 29/01/2010 21:02

Bump!

OP posts:
unavailable · 29/01/2010 21:30

I am not an expert minnie, but I understand Advanced Directives to be a statement of preference as to what medical staff should do in a life and death situation (e.g. I do not wish to be artificially kept alive if such a situation as x, y, or z arises)

They cannot direct next of kin to behave in a certain way, or insist on a particular treatment/method of care.

You mention your FIL's shaking - has he had a firm diagnosis as to the cause? Has Parkinsons been ruled out?

QueenofWhatever · 29/01/2010 22:08

My understanding is that Advanced Directives are no longer legally valid. It is very good that he is planning for his end of life and is something we should all be doing, regardless of our medical history. There has been a lot of awareness raising and campaigning on this recently, especially for 'older' people.

I would have a look at the Age Concern website and recommend he speaks to his GP about completing his advanced care planning paperwork. This is being introduced by the NHS at the moment, but is inconsistent across the country. We've been doing it here in Bristol.

It doesn't sound that odd to me, but I completely understand the nursing home bit although I doubt it would be enforceable. I would try talking to him about this, including the hands shaking as he should get that checked out. The more you talk, the better it will be.

MinnieMummy · 29/01/2010 22:25

Thank you both, that's helpful. DH's family isn't one that really ever talks about anything important or heavy-duty so no, the shaking has never been discussed as far as I'm aware.
I've obviously suggested DH discuss it all with him asap, but I'm not holding my breath!

OP posts:
LittlePushka · 02/02/2010 16:19

I must disagree about legality of AD. They are potentially enforceable pursuant to common law and can be upheld by Human |Rights legislation (and to an extent by the Mental Capacity Act.

it is possible for individuals to delegate decisions about the witholding of life sustaining treatment and the decicisons of a patient speaking from "within" the illness/condition are no less valid where supported by an avance directive which is made known the the medical team.

Would be interested to hear views of medical professionals on their experiences/governing body guidlines on the matter though...as oppoesed to a pure legal aspect.

realrabbit · 06/02/2010 07:06

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

LittlePushka · 07/02/2010 22:55

I write from the perspective of directives that indicate a wish not to be treated (eg whether by resuciataion, surgery, drug therapy)where there are conditions from which there is no liklihood of recovery. I disagree to the extent that you say they are not legally binding. obviously they cannot require a health professional to take active steps to shorten life but the legislation is very clear that to treat patients in a way that is clearly contrary to a direction not to treat is tortious. It upholds the tenet that no (adult)patient is forced to succumb to treatment.

I agree absolutely however that too many of them are insufficiently specific. But those which are drafted with the knowledge and advice of someones legal and medical advisors and are therefore compliant with legislative requirements are enforceable, legally ...which was the OP's main question.

LittlePushka · 07/02/2010 22:58

...sorry, not OP's original question,..I meant to say which was the main response to OP's original question.

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