Do Not Resuscitate Orders - Do's and Don'ts

The BBC’s The One Show recently contained a feature on Do Not Resuscitate orders and the problems faced by patients and their families.  81 year-old Joy Tomkins felt so passionate about not being resuscitated that she had ‘do not resuscitate’ tattooed on her chest. This is an extreme way to get your wishes honoured but there are other methods that you can choose.

How do DNR Orders work?

Do Not Resuscitate Orders (DNR Orders) are exactly that – you refuse to give consent to being resuscitated by medical practitioners should this be necessary.  There are a number of issues surrounding these for the person giving the order, their family and their doctors.

It is best practice for doctors to discuss DNR Orders (unless they see good reason not to) with patients when they have been admitted to hospital.  Legally, you can refuse any medical treatment if you have full mental capacity and this should not be overruled by doctors even if they do not agree with the decision.  This extends to life-sustaining treatment.  It is worth noting that whilst you can refuse medical treatment, you cannot compel a doctor to give you a certain treatment.

What if my family do not agree with the decision?

This is your decision and not anyone else’s.  It is best to inform your family so that they are aware of the situation although this can be a very difficult conversation to have.  If you subsequently lose capacity this does not mean that your family can then decide on your behalf unless you have given them specific permission to do so (see below for more information).

If I am found unconscious, will it not be too late for me to give a DNR Order?

Possibly.  There are other options open to you to set up your wishes in advance.

1. Advance Decision

You can prepare an Advance Decision (commonly known as a Living Will).  This sets out certain circumstances that you would not like to receive certain medical treatment, including life-sustaining treatment.  These are legally binding since the implementation of the Mental Capacity Act 2005 although many people prepared them before then.  Since they were made legally binding, Advance Decisions need to contain certain information and have to be signed in a specific way so if you have previously made one, you should check to see that it is still binding.

There have been stories where family members do not agree that someone should not be resuscitated.  An Advance Decision cannot be overruled by your family if they have been properly created.

2. Lasting Power of Attorney

You could appoint someone to make decisions on your behalf in relation to your health and welfare in a Lasting Power of Attorney.  This would mean that if you could not make decisions yourself then a friend or family member can do so.  If you wish, this can also relate to refusing life-sustaining treatment.  This differs from an Advance Decision as it is someone else making the decisions for you rather than you setting out the exact situations where you would not like to be treated.  One advantage to this would be if the situation you found yourself in was not dealt with in the Advance Decision, someone could still honour your wishes.

I have stated in my Will that I do not want to be resuscitated.  Isn’t that enough?

No.  Your Will only comes into force on your death and not before so statements giving your wishes during your lifetime do not work.

This is a brief overview of the options open to you regarding end of life care so please contact us if you have any question.

Mark Stubberfield

T G Baynes Solicitors

Downe House

303 High Street

Orpington

Kent BR6 0NJ

Tel – 01689 886084