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Advance Care Planning in End of Life Care$
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Keri Thomas, Ben Lobo, and Karen Detering

Print publication date: 2017

Print ISBN-13: 9780198802136

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780198802136.001.0001

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Advance decisions to refuse treatment and the impact of wider legislation

Advance decisions to refuse treatment and the impact of wider legislation

Chapter:
(p.89) Chapter 9 Advance decisions to refuse treatment and the impact of wider legislation
Source:
Advance Care Planning in End of Life Care
Author(s):

Ben Lobo

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198802136.003.0009

This chapter provides insight into practice and legislative changes that relates to advance decisions to refuse treatment and advance care planning (ACP) for end of life. It sets this in the context of the Medical Control Agency (MCA) which provides the legal framework In England and Wales. The chapter explore aspects of the impact of this legislation including Lasting Power of Attorney, and Deprivation of Liberty Safeguards, the role of the Office of the Public Guardian and Court of Protection. Case law examples are given relating to decisions on mental capacity and best interests decisions including life sustaining treatment. Also discussed are: ADRT and children; decisions relating to CPR; assisted suicide, legal challenges and reform. The chapter concludes with a reflection on dilemmas that persists. It offers positive suggestions to move forwards, postulating that ACP and advance decisions overall reduce uncertainty and increases the chances of achieving patient-centred outcomes.

Keywords:   advance decisions to refuse treatment, end-of-life care, life-sustaining treatment decisions, law, Office of the Public Guardian, Court of Protection, legal challenge and reform

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