Guy's and St Thomas' NHS Foundation Trust v VA & Anor
[2023] EWCOP 39
Best interests determination under the Mental Capacity Act 2005 (MCA 2005).
Mental Capacity Act 2005, section 4
Factors to consider in best interests decisions, including past and present wishes, beliefs and values, and views of carers.
Mental Capacity Act 2005, section 4
Presumption in favor of life, but not absolute; consideration of burdens and benefits of treatment.
Aintree University Hospital NHS Foundation Trust v James [2013] UKSC 67
Right to life carries significant weight in balancing exercise.
W v M [2011] EWHC 2443
Burden of proof on those asserting discontinuance of life-sustaining treatment is in best interests.
R(Burke) v GMC (OS Intervening) [2005] QB 424
The court declared that it is not in K's best interests to have a tracheostomy.
Despite the family's wish for K to live and the inherent value of life, the medical evidence (from Drs. B and Bell) indicated that K would not tolerate the interventions required with a tracheostomy without sedation or restraint. The benefits of a longer life were outweighed by the burdens.
The court implicitly approved the option of extubation and palliative care.
This option, while resulting in a shorter life expectancy, was deemed to be in K's best interests due to the significant burdens associated with tracheostomy, including the need for sedation and restraint.
[2023] EWCOP 39
[2023] EWCA Civ 1190
[2023] EWHC 134 (Fam)
[2023] EWHC 1997 (Fam)
[2024] EWCOP 37 (T3)