The LCF has released a statement saying: "The Code of Practice says Doctors or Healthcare professionals do not have to act against their conscience for living wills and can transfer care to another healthcare professional. It is vitally important that those who consciously object to stopping life sustaining treatment (for religious or other reasons) for living wills are aware of this.
"Unlike Living wills, which desperately need more formal safeguards to protect the elderly and vulnerable, the LPAs do at least have the safeguard that the form has to include a certificate of understanding by an independent third party which confirms that 'Nobody used fraud or undue pressure to trick or force the donor into making the LPA'."
The lack of safeguards for living wills is of huge concern, according to the LCF, because of the watertight enforcement of such advance decisions.
One of the main principles in the Act is that any act done or decision made, for or on behalf of a person who lacks capacity must be done, or made, in their "best interests".
However, there is no description of how this best interest principle 'theory' is carried into actual 'practice' by attorneys.
One of the key safeguards in the Act, to help attorneys and those making decisions to work out what actually is in someone's best interests in practice, is a checklist. However, this important checklist is missing from the LPA form.
The LCF says, "This (the checklist's absence) is surprising since during the passage of the bill the Government recognised this as a key safeguard when concern over the withdrawal of water and food treatment was discussed."
One of these key safeguards stated that if the decision concerns life sustaining treatment, it must not be motivated in any way by a desire to bring about the person's death. However, this vital and potentially life-saving statement is missing.
"Dealing with this in the initial guide for Attorneys taking on the role is insufficient," the LCF has stated. "It will also be difficult for attorneys to practically have regard to the 302 page code of practice."
There is also no sentence in the LPA - Personal Welfare form itself to make it clear that medical treatment includes the withdrawal of tubes for food and water. This was in the original draft LPA form. It is now mentioned in the guide for the people who want to make a LPA, but not in the guide for the attorney.
The LCF concluded: "We believe the safeguards for both Living wills and Lasting powers of Attorney are insufficient in the Act and should be of major concern to Christians who are concerned for the elderly and vulnerable. It is also of concern to Doctors and healthcare staff, not only those who are religious, but those who work tirelessly to preserve and sustain life."
