A 45-year-old man with end-stage motor neurone disease has a valid lasting power of attorney (LPA) for health and welfare, which was registered with t...

Question

A 45-year-old man with end-stage motor neurone disease has a valid lasting power of attorney (LPA) for health and welfare, which was registered with the Office of the Public Guardian. He is admitted to ICU with aspiration pneumonia and respiratory failure. He now lacks capacity. His LPA donee (his wife) requests that NIV is commenced despite the patient having previously verbally expressed that he would not want ventilatory support. There is no written advance decision. What is the legal position?

Accepted Answer

The LPA donee must make decisions in the patient's best interests, taking into account the patient's known wishes and values, including his verbal statements about not wanting ventilatory support

Answer

The LPA donee's decision must be followed - commence NIV

Answer

The clinical team should override the LPA donee and refuse NIV based on the patient's verbal wishes

Answer

Without a written ADRT, the patient's verbal wishes have no legal weight

Answer

The Court of Protection must be consulted in all cases involving LPA decisions

uk-fficm MCQ (SBA): Lasting Power of Attorney