Consent and capacity 2: the Mental Capacity Act 2005 and 'living wills'

The last article in this series discussed the social concerns which influenced the decision to introduce a law that laid out certain rights for certain people, with respect to healthcare choices, responsibilities and decisions. This, and the next article drawn attention to a specific aspect of the Mental Capacity Act - the issue of making a living will. At present, under common law, it is the legal right of competent adult patients to refuse medical treatments, but how is this achieved when, due to your illness or accident, you have lost the capacity to inform others of how you want your treatment to progress--or indeed that you do not want a certain treatment, or any treatment at all? This article discusses the 'living will', a written legal document made by a competent person in anticipation of becoming ill in the future.