Man kept alive against his family’s wishes
AN INVESTMENT banker who is suffering from brain damage following a cardiac arrest is being kept alive contrary to the wishes of his family and doctors because the Official Solicitor has intervened.
Despite his family’s claims that the 52-year-old man, known only as Mr Y, would not want to be kept alive and go into a care home, he has not been allowed to die.
The case is unusual because in most cases where family and doctors agree, a person who cannot make decisions for themselves can be allowed to die without intervention from the courts.
But the Official Solicitor, an independent lawyer who acts for people without capacity, argued that a court must be consulted so there can be “independent scrutiny of the decision”.
“He would hate to be helpless and dependent on other people for his daily needs,” said Mrs Justice O’farrell, who ruled that the man’s doctors and family can make the decision together without asking for legal intervention.
However, she added that it is “likely that any decision will be appealed”, suggesting that the man could be kept alive against his family’s wishes.