Court rules that disabled man’s eyes revealed ‘valid’ wish to die

Mrs Justice Theis was told at a hearing in London how a carer raised concerns about whether the man, who communicates through eye movement, had agreed to an “advance decision” not to have life-prolonging treatment.

But after hearing evidence from medics, carers and the man’s wife, the judge said yesterday she was “entirely satisfied” the man had possessed the capacity to make the “advance decision”, when documentation was drawn up in November 2011.

Lawyers said the case was the first of its kind to come before the High Court and the man’s family would now decide when treatment should be withdrawn.

Mrs Justice Theis told relatives, following a two-day hearing in the Court of Protection, which is part of the High Court: “I hope the next stage proceeds as well as can be expected.”

The judge stressed the need for clarity when advance decision documents, formerly called a living will, are drawn up and said health authorities should investigate any issues about the validity of advance decisions as a “matter of urgency”.

Mr Justice Theis heard how the man’s wife had found a template for the advance decision on the internet. The man had used eye movements to communicate his consent in front of witnesses, including his wife, a doctor, a social worker and a carer.

Another carer, however, had raised concerns about whether the man – referred to in court as XB – had “communicated his agreement”.

But the judge said lawyers had established this person had not been present when the document was agreed.

Mrs Justice Theis was told that XB had been diagnosed with motor neurone disease at the age of 57.

She said the question of “what life-sustaining treatment he would receive” had been discussed with him a number of times in 2010 and in 2011 he had indicated he wished such treatment to be withdrawn.

The man’s wife told the judge he “wanted to be allowed to peacefully end his life”.

A solicitor representing the family said after the hearing that the case showed the importance of preparing “advance decision” documentation carefully.

“The law allows a person to prepare an advance healthcare decision to refuse life-sustaining treatment at a future date. This case illustrates the importance of preparing the advance decision document properly and carefully,” said Yogi Amin, a partner at law firm Irwin Mitchell.

“The High Court has reviewed the advance decision that has been made by XB after the local NHS trust applied to the court for clarification in this, the first such case of its kind to come before the court. The court has ruled that his request is valid and so his wishes to refuse treatment and end artificial breathing support can be respected.”

Mr Amin added: “XB was a proud and intelligent man living in the south of England suffering from the terminal illness motor neurone disease. He has fought a long battle against the disease and has now reached a stage where he can no longer communicate his needs.

“He had previously communicated with his family and medical professionals an advance healthcare decision that he refused artificial ventilation from a machine which helped him breathe should he get to a stage when he could not communicate or have any control over his own care.”

Mr Amin went on: “His condition has now deteriorated as a result of motor neurone disease and he can no longer confirm his needs. His family are pleased that the court were able to clarify that his wishes were made and set out in a valid advance directive.”