Select Committee on Assisted Dying for the Terminally Ill Bill Minutes of Evidence


APPENDIX 3










EXAMPLES OF LIVING WILLS—B

LIVING WILL ALLOWING FOR REFUSAL OF UNWANTED TREATMENT

TO MY FAMILY, MY PHYSICIAN AND MY SOLICITOR

  This declaration is made by me,           residing at

  at a time when I am of sound mind and after careful consideration.

  I, the said

  in the event of my being unable to take part in decisions concerning my medical care due to my physical or mental incapacity, and in the event that I develop one or more of the medical conditions listed in clause (3) below and in the event that two independent physicians conclude that there is no reasonable prospect of my making a substantial recovery, do hereby DECLARE that my wishes are as follows, viz:—

  (1)  I request that my life should not be sustained by artificial means such as life support systems, intravenous fluids and/or drugs or tube feeding.

  (2)  I request that distressing symptoms caused either by illness or by lack of food or fluid should be controlled by appropriate sedative treatment, even though such treatment may have the incidental and secondary effect of shortening my life.

  (3)  The said medical conditions are:—

      1.  Severe and lasting brain damage sustained as a result of an accident or injury.

      2.  Advanced disseminated malignant disease.

      3.  Advanced degenerative disease of the nervous and/or muscular systems with severe limitations of independent mobility, and no satisfactory response to treatment.

      4.  Stroke with extensive persisting paralysis.

      5.  Pre-senile, senile or Alzheimer type dementia.

      6.  Other conditions of comparable gravity.

  (4)  I request that, in the event of my becoming incapable of giving or withholding consent to any medical treatment or procedures proposed to me, the Court be petitioned to appoint as my Welfare Guardian,

      residing at

      whom failing

      residing at

      whom again failing

      whom all failing

      such other person as may be deemed by the Court to be a fit person. It is my specific request that in exercising his or her powers to consent or withhold consent on my behalf to any medical treatment or procedures, my guardian shall take into account, in any determination of what is in my best interests, the requests which I solemnly make in clauses (1) and (2) of this document.

  And I declare that I hereby absolve my medical attendants of all legal liability arising from action taken in response to and in terms of this declaration.

  I reserve the right to revoke this declaration at any time, before a witness, in writing or orally.

  SIGNED by me at

on the

day of

Two thousand

in the presence of:—

  Witness

  Full Name

  Address

  (In Scotland only one witness is required)



 
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