I recently attended a conference on the proposed Mental Incapacity Bill (see [2003] Gazette, 4 December, 4).
The conference was addressed by a specialist barrister and a doctor.
The barrister pointed out that if a testator making a living will directed that he was not to have medical treatment, his doctor would have to comply with his wishes; failure to do so would no doubt result in criminal proceedings.
Should the testator give authority to a relative or friend to decide whether he should have medical treatment, one would be justified in assuming that that person could be influenced if a beneficiary to the testator's estate.
Who knows whether that person could be influenced by an early disposal of his obligations by instructing the withholding of medical treatment that includes the withdrawal of food.
The doctor spoke of the fact that the withdrawal of food from the testator would result in the testator taking about two weeks to die in agony.
He was most concerned about the implications of this Bill and indicated that he would rather emigrate rather than stand and watch his patient die in agony while being forbidden from giving even palliative treatment.
I appreciate that lawyers may give this Bill their support, but in so doing the NHS could be seriously damaged by the emig-ration of the medical profession.
John Gilbert, Sheehans, Port Talbot
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