Living wills: patient choice and the accident and emergency nurse

The article explores the legal issues relating to the right of the patient to make known his views relating to consent or refusal to receive specific treatment in the future. Such a future or advance directive is known as a living will. At present there is no statutory right for a person to make a living will but it is considered to be part of the right at common law for patients which would be recognised by the courts. The absence of statutory provision creates considerable difficulties for Accident and Emergency staffing. The Law Commission has recommended that there should be statutory provision enabling patients to make living wills and the article explores some of the consequences of their recommendations.