A 90-year-old woman with severe dementia (MMSE 4/30) and CFS 8 (very severely frail) is in a care home. She develops a chest infection and becomes acu...

Question

A 90-year-old woman with severe dementia (MMSE 4/30) and CFS 8 (very severely frail) is in a care home. She develops a chest infection and becomes acutely unwell. She has a valid and applicable advance decision to refuse treatment (ADRT) that specifically refuses antibiotics and hospital admission in the context of end-stage dementia. Her daughter, who holds a Lasting Power of Attorney for health and welfare, insists that antibiotics should be given. What is the correct legal position?

Accepted Answer

The ADRT takes precedence over the LPA and antibiotics should not be given

Answer

The LPA overrides the ADRT and antibiotics should be given

Answer

The GP should contact the Court of Protection for a ruling

Answer

The care home manager should decide based on the patient's best interests

Answer

The GP should give antibiotics as a life-saving treatment regardless of the ADRT

uk-dgm MCQ (SBA): ADRT vs LPA Precedence