Your mother asks you to act as her representativeunder the CMT&PCA (see the definition in section 4). You agree.
Years later your mother suffers a heart attack, and even though she is revived by the paramedics and hospitalised, she never regains consciousness. After a further period of 3 months she is diagnosed as being in a persistent vegetative state (PVS).
You are dubious about that diagnosis, secretly hoping your mother will at some stage emerge from the PVS; you are also worried that the medical staff will withdraw life-sustaining treatment.
With this situation in mind you consult a lawyer to find out if the treating staff are duty bound to follow your demands to keep her on a life-sustaining regime.
What advice should the lawyer give?
The answers
The lawyer should advice that the medical practitioners are bound the law (CMT & PCA) to listen and follow what the patient or patient’s representative directs and they can only withdraw life sustaining measures under his or her authority. They are bound by the law to treat or take care of any terminal illness (s17 (2) (a) (b).