Danger

Briefing papers

The Government's Mental Capacity Bill has been pushed through, and YOUR LIFE COULD BE IN DANGER.

The Mental Capacity Act comes into force in 2007

If you were to be admitted to hospital after a stroke or a head injury, and were for the time being unable to communicate, the new law allows you to be denied assisted feeding and hydration - even a "drip." Elderly people in hospital for minor problems may also be unable to speak because they have been sedated, and the same could apply to them.

In the USA, Terri Schiavo was deprived of fluid at the request of her estranged husband, and died of thirst after 13 days. Britain's Mental Capacity Bill now gives someone who has "lasting power of attorney" the same power to deny food and water to a non-dying patient.

Leslie Burke, who has cerebellar ataxia, went to the High Court last year to claim the right to assisted feeding and hydration when he needs it, under the European Convention on Human Rights. Mr. Justice Munby ruled in his favour, but the General Medical Council is appealing against this Judgment. THE GOVERNMENT IS INTERVENING IN THIS COURT CASE AGAINST LESLIE BURKE, ALLEGING THAT GIVING FOOD AND WATER BY MEANS OF A TUBE TO ALL PATIENTS WHO NEED IT WOULD COST THE NHS TOO MUCH MONEY.

  • If you have a Living Will refusing "life-sustaining medical treatment," - tear it up. "Treatment" includes food and water.
  • Ask a relative to try to protect you if you should at any time be helpless in hospital. The authorities can be challenged in court.
  • Let others know about the danger. Write to newspapers, take part in radio phone-ins. Know your rights. Contact ALERT for more information.
  • ASK your M.P. for a pledge that he or she will fight to change the law.