Euthanasia: British Parliament's New Ruling on "Life Sustaining Treatments"

Parliament's Justice Minister Vera Baird has deemed that terminally ill patients will have the option of signing a power of attorney which will allow family members to end their lives. The regulations are legal under the highly debated Mental Capacity Act of 2005.

In the past, a terminally ill patient's power of attorney limited the family to deciding financial and property matters. The newer version of the power of attorney will allow the family to withdrawal "life sustaining treatments." Typically the "life sustaining treatments" include the withdrawal of food and liquid to patients who are unable to feed themselves.

By choosing to participate in the new ruling, patients must sign forms to grant the power of attorney to relatives. Scheduled to be available in October, the forms state, "Life-sustaining treatment means any treatment that a doctor considers necessary to sustain your life. Life-sustaining treatment is not a category of treatment. Whether or not a treatment is life-sustaining will depend on the circumstances of a particular situation.Some treatments will be life-sustaining in some situations but not in others; the important factor is if the treatment is needed to keep you alive.''

Further, the forms contain two options for patients. Option (1) allows life and death decisions while Option (2) does not grant decision making authority over medical treatments involving the controversial issue.

Fueling the euthanasia debate which began in the 1990's with Dr. Jack Kevorkian, many critics are calling the new ruling "the legalization of euthanasia." Concerned that patients who sign the power of attorney may not understand the full ramifications of their signatures, Elspeth Chowdharay-Best of Alert pressure group stated, "This is euthanasia and it is not clear enough to people who might be involved. People do not realize that they are condemning themselves to die of thirst. There are people who do not want to prolong their lives. But they do not realize that this law will mean they will spend 12 or 13 days dying in great pain. By the time they are being denied water and food, they will be too drugged to complain. They are likely to have been given the drugs because they are suffering, and the drugs will mean they cannot communicate. The regulations should be made absolutely clear and they should tell people: If you give someone the power to stop life-sustaining treatment, you will be refused even a drop of water. People who do this should know what it is like to die of thirst." After successfully defended of three murder charges, Dr. Kevorkian was convicted of Tom Youk's murder and is serving a 10-25 year sentence for the assisted suicide.

The Mental Capacity Act gives patients the right to document "living wills" which states their wishes if they become incapacitated and can instruct doctors to withdraw life sustaining treatment. Doctors who disregard the legally-appointed representatives or living wills by acting in a manner which sustains the patient's life risk criminal prosecution for assault charges.

A Ministry of Justice spokesman responded to critics by stating, "Creating a lasting power of attorney means that people can be reassured someone they have chosen will have a voice in future decisions about their care."

In the United States, the legality of living wills was recognized in 1978 by a General Resolution which stipulates a person's right to choose or reject life sustaining measures.

Recently, highly publicized cases have brought the debated topic back into the public spotlight.

In the United States, the Terri Schaivo case was highlighted in every media outlet imaginable. The legal battle between the woman's parents and her husband remained in the media with constant updates. Ultimately, the feeding tube was removed and Schaivo died 13 days later, after years of living in a vegetative state.

Across the Atlantic, media attention has been focused on Tony Bland. Tony suffered massive brain damage in the Hillsborough Stadium disaster of 1989. As a result, Bland spent four years living in a constant vegetative state. Though he was able to breathe without the aid of life support, Tony could not see, hear or feel anything. Life Terri Schaivo, Tony Bland's life was sustained by feeding tubes.

Tony's mother, Barbara Bland won the right to withdrawal life sustaining treatment. The House of Lords decision concluded that nutrition and hydration should be included as a medical treatment. Stating it was in Mr. Bland's "best interest" to be allowed to die, doctors withdrew treatment. Bland died nine days later.

The ruling opened the doors for current legislation.