Health and Welfare Decisions
No medical treatment may be given to an adult patient without consent. Treatment involving physical contract is a trespass to the person in the absence of consent. Doctors cannot compel competent patients to accept tretment, however convinced they may be that it is in the patient’s best interests. Emergency treatment may be given to save the life of an unconcious patient although there may be an exception where it is known that the patient would not wish to be treated because of religious or other beliefs, because of the existance of a living will which is valid and applicable to the situations or the instructions of an attorney under a Lasting Power of Attorney for Health and Welfare decisions who has the power to refuse constent to life-sustaining treatment.
What happens if the patient lacks capacity?
Treatment without consent is lawful in the case of an adult who lacks capacity where it is considered by the doctor to be necessary and in the best interests of the patient.
Carers and health professionals are allowed to carry out certain acts in connection with the perosnal and health care or treatment of a person lacking capacity. They are protected from legal liability for such acts provided that they act in the individual’s best interest. Although no formal authority to act is require, anyone interested in the individual’s welfare including any attorney under a Lasting Power of Attorney for Health and Welfare or a personal welfare deputy should be consulted.
In cases of serious doubt or dispute about a person’s ability to consent or their best interests an application can be made to the Court of Protection for a decision.
Services for Health and Welfare:-
Contact us here or call 0800 987 8156 to speak with a Solicitor.
Solicitors in Braintree, Witham, Maldon, Colchester, Wickford, Burnham-on-Crouch and Chelmsford
