Preparing for future incapacity

A recent inquest in South Wales heard of the tragic case of a husband who killed himself and his wife through carbon monoxide poisoning because he could not bear to see her continued suffering. His wife had spent two years in a persistent vegetative state and attempts to obtain a court order allowing the withholding of her artificial nutrition and hydration had been subject to lengthy delays. This article discusses how this case highlights the importance of making preparations for possible future incapacity by creating an advance decision refusing treatment and a health and welfare power of attorney under the Mental Capacity Act 2005. These provisions will ensure that the wishes of the patient are respected without the need to go to court and so avoid delay.