Re Spaas [2013] MHLO 74 (LPA)

The donor of a Health and Welfare LPA included the following provision: "If I become completely mentally or physically incapable for example being unable to recognise my daughter then I wish steps to be taken to end my life as quickly and painlessly as possible. It that was not possible, I would wish the minimum medical intervention possible. I would not want my life unnecessarily prolonged." On the application of the Public Guardian the words from "steps to be taken" to "I would wish" were severed. The donor may have been envisaging assisted suicide, which is unlawful (see Re Gardner (2011) COP 6/7/11) or even expressing a wish for her life to be terminated by others in circumstances which would involve a criminal offence. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Spaas (an order of the Senior Judge made on 2 April 2013)

Listed under heading: Severance of restrictions incompatible with a Health and Welfare LPA

External link

No Bailii link (no transcript)

Summary on OPG section of Justice website . This is a link to an archived version of the web page (archived on 6/10/14).