Re PW [2021] EWCOP 52

Jehovah's Witness - validity of advance decision A blood transfusion would change 80-year-old PW's outlook from being at risk at any time of sudden death to the possibility of living for another 5-10 years, but 20 years previously she had signed a proforma advance directive. The advance directive met the MCA requirements for an advance decision refusing life-sustaining treatment and was applicable to the proposed treatment. However, the Trust (supported by the PW's children but not the Official Solicitor) established on the balance of probabilities that it was not valid because she had "done [something] clearly inconsistent with the advance decision remaining [her] fixed decision" (s25(2)(c) MCA 2005): she had created an LPA and requested the removal of a DNR notice, both without mentioning her advance decision, and (when lacking capacity) had expressed wishes and feelings inconsistent with the advance decision.

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Full judgment: BAILII

Subject(s):

  • Medical treatment cases🔍

Date: 22/9/21🔍

Court: Court of Protection🔍

Judge(s):

Parties:

  • PW🔍
  • University Hospitals Birmingham NHS Foundation Trust🔍

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Published: 23/9/21 21:19

Cached: 2024-04-21 21:50:52