The government has at last decided to legislate to plug the gap in the law on consent and incompetent adults.
Under reforms to be outlined in a white paper in October, people will be able to appoint relatives or friends to take proxy healthcare decisions for them when and if they lose the capacity to decide for themselves. This will be done by a new 'continuing power of attorney', modelled on the existing enduring power of attorney, which covers only financial affairs.
A 'modern court of protection' will take one-off decisions, such as whether a patient should have an operation. It will also have power to appoint a manager - in most cases, a social worker or family member - to take day-to-day welfare decisions. The court will presumably take over the role of the High Court in deciding whether patients in a persistent vegetative state should be allowed to die.
These measures, which should ease the burden of decision-making on doctors and trusts, were overwhelmingly supported in the government's 1997 consultation paper Who Decides.
But living wills were more controversial, and ministers have not yet decided whether to set up a legislative framework for them.
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