Written question asked by Ann Winterton (Conservative) on Tuesday, 26 October 1999, in the House of Commons. It was due for an answer on Tuesday, 2 November 1999. It was answered by Lord Hutton of Furness (Labour) on Tuesday, 2 November 1999 on behalf of the Department of Health.

Dept of Health

Question: To ask the Secretary of State for Health, what plans he has to introduce legislation defining assisted food and fluid as treatment which may be withdrawn from patients with mental incapacities other than persistent vegetative state; and if he will make a statement.

Answer: Mrs. Ann Winterton: To ask the Secretary of State for Health what plans he has to introduce legislation defining assisted food and fluid as treatment which may be withdrawn from patients with mental incapacities other than persistent vegetative state; and if he will make a statement. [96519] Mr. Hutton: We have indicated that we intend to introduce a provision on Continuing Powers of Attorney (CPA) when parliamentary time allows such legislative changes. It is a general principle of law and medical practice that all adults have the right to consent to or refuse medical treatment. The CPA is a method by which adults can continue to ensure that their views are respected in decisions concerning their welfare when they can no longer take, or communicate, those decisions themselves. A CPA therefore would allow an attorney to make decisions on behalf of the person without capacity about the withdrawal of artificial nutrition and hydration but only if the person has specifically given authority to do this in the CPA. Where decisions need to be taken in such cases, the healthcare team and attorney should do so in the best interests of the individual concerned.

Secondary information

Type: Written question
Reference: 337 c104W; 96519
Session: 1998-99
Subjects: Law Euthanasia Patients Mental capacity Powers of attorney Persistent vegetative state