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Information for "Re PW (2021) EWCOP 52"

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Display titleRe PW [2021] EWCOP 52
Default sort keyRe PW (2021) EWCOP 52
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Page creatorJonathan (talk | contribs)
Date of page creation21:19, 23 September 2021
Latest editorJonathan (talk | contribs)
Date of latest edit21:19, 23 October 2021
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A blood transfusion would change 80-year-old PW's outlook from being at risk at any time of sudden death to the possibility of living for another 5-10 years, but 20 years previously she had signed a proforma advance directive. The advance directive met the MCA requirements for an advance decision refusing life-sustaining treatment and was applicable to the proposed treatment. However, the Trust (supported by the PW's children but not the Official Solicitor) established on the balance of probabilities that it was not valid because she had "done [something] clearly inconsistent with the advance decision remaining [her] fixed decision" (s25(2)(c) MCA 2005): she had created an LPA and requested the removal of a DNR notice, both without mentioning her advance decision, and (when lacking capacity) had expressed wishes and feelings inconsistent with the advance decision.
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