The Daily Mail on 2 June 2003 reported "A law giving relatives the power to decide whether a person lives or dies was unveiled yesterday.

"The new 'power of lasting attorney' will enable people to sign over the right to make medical decisions to someone else" in the event of their becoming incapacitated. "Living Wills" of all sorts would be legally binding. If the person had made no prior arrangement, a 'deputy' could be appointed by a new "Court of Protection". As now, patients or their deputies can refuse or consent to life-ending treatment, but not insist on getting it.

Disability Awareness in Action's spokesman Tara Flood was quoted as saying advance directives were an idea that was dressed with 'a great deal of misinformation'. She warned that few people realised in advance the implications of asking doctors to withhold food and drink from someone. "It's a very frightening prospect," she added.

"Lord Filkin, minister at the new Dept of Constitutional Affairs, which published the proposals, said up to two million adults in Britain who became mentally incapacitated at some point would be affected by the Bill."

The Bill is now before a Scrutiny Committee of Peers and MP's which must report by October. Submissions from the public had to be sent in before September 1st.

Richard Gordon QC finds that the new draft Mental Incapacity Bill is an improvement on the original one, which rather gave the game away by providing for organ donation by incapacitated persons - not obviously in their best interests. However, it is still incompatible with Articles 2 (right to life), 6 (access to a Court) and 14 (discrimination in the enjoyment of Convention rights).  See www.donoharm.org.uk/alert//mentalincapacity for the full text.