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Court of Protection rules against daughter with power of attorney in do not resuscitate dispute

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A Judge has ruled against the daughter of an 83-year-old man with dementia at the Court of Protection.

The unnamed woman, who acts as her father’s primary carer and holds lasting power of attorney, told a Court that a ‘do not resuscitate’ order had placed “immeasurable stress” upon her and her family.

A Court heard that the 83-year-old (GH) was fighting a battle with pneumonia, high blood pressure and other complications in hospital.

The hospital had applied for a lawful declaration to withhold cardio-pulmonary resuscitation (CPR), should GH suffer a heart attack.

But GH’s daughter said that her father, a devout Christian who suffers from severe Alzheimer’s disease, would have insisted for his life to be prolonged.

“I know he would have been adamant that every effort should be taken to prolong his life and that only God should decide when it is his time,” she said.

However, her half-brother felt very differently.

He told a Court that the 83-year-old had “a right to die peacefully with dignity and should be permitted to do so” – a view which was upheld by Mr Justice Keehan, who ruled against the daughter’s heartfelt pleas.

“From all I know of GH, and what I have read and heard about him, I have little doubt that he will accept death as God’s will,” Mr Justice Keehan ruled.

At Lester Morrill, our specialist Court of Protection solicitors are experienced in working with vulnerable individuals and their families, friends and care teams to ensure the best possible outcome. We currently manage cases involving private clients, solicitors, local authorities, referrals from the court and case managers. We also advise on matters relating to health and welfare, receiving referrals from family members and advocates. Please contact our team for further information.

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