There has been a huge air of contention on the issue of living wills. There have been many groups that have a strong opposition on its working. Now there could be a big blow to the living wills because of the court ruling by Justice Peter Jackson. A living will can be referred to as an advance directive, health care directive, or a physician's directive. It is basically a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments.
But the judgment laid forward in the Court of Protection has put forward that if the mental capacity of the patient is questionable and it is proved that the will has not been made with due diligence, then such will can be overturned. Moreover there is also a clause that has been added that a doctor would have to assess the mental capability of the patient at the time of making the will.
Justice Jackson concluded in a case of a 32 year old woman that she should be given a life saving treatment and the living will sought by the patient who hasn't eaten for over a year should be quashed.
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