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Ask Rezzy/End of life care: DNACPR, advance decisions and lasting power of attorney

End of life care: DNACPR, advance decisions and lasting power of attorney

RezzyRezzy

End-of-life care is a major theme in the UKMLA AKT, and getting these legalities straight is key for both the exam and your future practice. It's all about respecting patient autonomy, even when they can no longer speak for themselves.

Let me find some high-yield lessons that break these down specifically for your exams.

These three concepts are the pillars of the Mental Capacity Act (2005) in England and Wales. The AKT loves to test the nuances of when each one is legally binding and who gets the final say.

1. DNACPR (Do Not Attempt Cardiopulmonary Resuscitation)

A DNACPR is a clinical decision made by the medical team, usually when CPR is deemed unlikely to be successful or not in the patient's best interests.

  • It is NOT a global "do not treat" order. Patients with a DNACPR should still receive all other appropriate treatments (e.g., IV fluids, antibiotics).
  • Communication is key: You must discuss it with the patient (if they have capacity) or their family/LPA (if they don't). However, a patient cannot legally demand CPR if the doctor deems it futile.

2. Advance Decision to Refuse Treatment (ADRT)

Often called a "Living Will," this is a legally binding document made by a patient while they have capacity.

  • Specifics: It must state exactly which treatments are being refused and under what circumstances.
  • Life-Sustaining Treatment: If the ADRT refuses life-sustaining treatment (like ventilation or PEG feeding), it must be:
    1. In writing.
    2. Signed and witnessed.
    3. Contain the specific statement: "even if life is at risk."
  • If it meets these criteria, doctors must follow it, even if they disagree.

3. Lasting Power of Attorney (LPA)

This is a legal document where a patient appoints someone (the "Attorney") to make decisions for them if they lose capacity in the future.

  • Health and Welfare LPA: This is the one relevant to medical decisions. It only becomes active once the patient lacks capacity.
  • The "Newer is Better" Rule: If a patient makes an ADRT and then later appoints an LPA with the power to make life-sustaining decisions, the LPA can technically override the ADRT (and vice versa, depending on the dates).

I've put together a quick comparison table to help you distinguish between an ADRT and an LPA for your revision.

FeatureAdvance Decision (ADRT)Lasting Power of Attorney (LPA)
What is it?A refusal of specific future treatments.A person appointed to make decisions.
Legally Binding?Yes (if valid and applicable).Yes (Attorney's decision is legal).
When is it made?While the patient has capacity.While the patient has capacity.
When does it act?When the patient lacks capacity.When the patient lacks capacity.
Life-Sustaining?Must state "even if life is at risk."Attorney needs specific authority for this.
Can it be verbal?Yes (unless refusing life-sustaining treatment).No, must be registered with the OPG.

That table should help you keep the two straight. Just remember: an ADRT is a specific "No" to a treatment, while an LPA is a person who steps into the patient's shoes to make decisions.

If a patient lacks capacity and has neither an ADRT nor an LPA, the medical team must act in the patient's Best Interests. This involves consulting with family and friends to understand what the patient would have wanted, but the final clinical decision rests with the doctor.

Would you like to try a few flashcards to lock these concepts in?

Those flashcards were a bit generic, so let's get more specific.

When you're faced with a clinical scenario where a patient lacks capacity, there's a clear legal hierarchy you need to follow. I've mapped it out for you in this flowchart—it's a great mental model for those "What is the next best step?" questions in the AKT.

That flowchart is your best friend for these scenarios! One last thing to keep in mind for the AKT is the IMCA (Independent Mental Capacity Advocate). You'd involve an IMCA if:

  1. The patient lacks capacity.
  2. There is no family or friends to consult.
  3. The decision involves serious medical treatment or a change in long-term accommodation.

Ready to see how this looks in practice? I've put together a quick quiz with some high-yield questions on these topics.

That quiz should give you a good idea of how these legalities are tested in the AKT. Remember, it's all about the Mental Capacity Act 2005—if you're ever in doubt, follow the hierarchy: Capacity -> ADRT -> LPA -> Best Interests.

Good luck with your revision! If you want to dive deeper into any of these, just let me know.

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