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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.
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