Written question asked by David Drew (Labour) on Thursday, 11 July 2002, in the House of Commons. It was due for an answer on Wednesday, 24 July 2002. It was answered by Baroness Winterton of Doncaster (Labour) on Wednesday, 24 July 2002 on behalf of the Lord Chancellor's Department.

Lord Chancellors Dept

Question: To ask the Parliamentary Secretary, Lord Chancellor's Department, with reference to consultation on `Making decisions: helping people who have difficulty in deciding for themselves', what legal advice is available to patients faced by a doctor's decision to withhold food or fluid.

Answer: Mr. Drew: To ask the Parliamentary Secretary, Lord Chancellor's Department with reference to consultation on "Making decisions: helping people who have difficulty in deciding for themselves", what legal advice is available to patients faced by a doctor's decision to withhold food or fluid. [70171] Ms Rosie Winterton: The current legal position, and the advice available, is set out in the consultation paper referred to by my hon. Friend. Usually agreement can be reached between health care professionals, the patient and people close to the patient about the best treatment and whether treatment should be continued. Artificial hydration and nutrition can only be withdrawn if that is clearly in the patient's wishes or, in circumstances where the patient is unable to give consent, if receiving it is no longer in his or her best interests. Where the patient is in a persistent vegetative state, authorisation must also be sought from the court. If there is doubt in a particular case, the court may be asked to decide what is in the patient's best interests. In such cases, where the patient lacks capacity to be able to instruct his or her own solicitors, the Official Solicitor will be appointed to act on the patient's behalf.

Secondary information