Charlie Gard judge: Living wills should be compulsory

PEOPLE should be made to make “living wills” to stop conflicts between hospital staff and families, the judge who ruled in the Charlie Gard case has said.

Mr Justice Francis, who is based in the Family Division of the High Court in London and also oversees hearings in the Court of Protection, said it “should be compulsory” to make the wills, which set out someone’s wishes in the event of a serious illness that leaves them unable to make their own decisions.

He was speaking as he oversaw a dispute about the treatment of a pensioner suffering from dementia at a hearing in the Court of Protection in London on Wednesday.

“It should be compulsory that we all have to make living wills because these cases would be resolved much more easily,” Mr Justice Francis told lawyers.

“We all ought to be encouraged to tackle these issues.”

The judge added: “If there was some sort of campaign to educate people about these sort of things I think people would actually do something about it.”

He said the pensioner, who is in his 80s and in a minimally conscious state, could not be identified.

Bosses at The Royal Wolverhampton NHS Trust have responsibility for the pensioner’s care and had asked for a ruling on treatment.

Doctors wanted to insert a feeding tube into the pensioner’s stomach and hospital bosses asked the judge to rule that such a move would be lawful.

The judge concluded that the pensioner did not have the mental capacity to make decisions and gave his approval.

Mr Justice Francis said the man’s family had been in “great conflict” with hospital staff over his treatment.

The judge said there had been “intimidation” and “nurses in tears”. He added that the case was “very, very sad”.

The judge suggested a campaign along the lines of organ donation campaigns and added: “I would have thought it would be to the advantage of many and the disadvantage of none.” Barrister Vikram Sachdeva, QC, represented the man at the hearing and took instructions from staff at the Official Solicitor’s office, which gives help to people unable to manage their own affairs.

Lawyers said family members had made negligence complaints and had not attended the hearing.

Mr Justice Francis previously ruled that the critically ill baby Charlie Gard could be allowed to die, against his parents’ wishes, as doctors said he did not have a realistic chance of recovery.