'Living wills' delay care plans

REFORM of the law protecting people with learning disabilities and their carers is being held up by a dispute over whether people should be able to make "living wills", the Government indicated yesterday.
Keith Vaz, Parliamentary Secretary in the Lord Chancellor's Department, said a Government consultation paper on the reforms had shown deeply divided opinions on the proposal to allow advanced statements about health care, medical treatment and participation in research.
But there had been much support for other Law Commission recommendations for clarifying the law and giving carers and professionals clear guidelines when taking everyday decisions about the care and welfare of someone who was mentally incapacitated. These included improved criteria for deciding whether a person had the capacity to take a decision for him or herself and providing a general authority to act reasonably when doing anything for the personal welfare or health care of another.
Mr Vaz told a conference in London organised by the charity Mencap that the 4,000 responses to the Government's Green Paper Who Decides? had also shown wide-ranging support for a new "continuing power of attorney". This would be similar to the present "enduring powers of attorney" but allow a person to nominate someone to make health care and welfare decisions on their behalf as well as looking after their financial affairs if they became mentally incapacitated.
Under existing rules, the person with power of attorney can make only financial decisions. Mr Vaz said the Government would publish its final reform proposals in October but he was unable to give any assurances that there would be legislation in the next session of Parliament.
Brian Baldock, Mencap chairman, said he was pleased that the Government was "reviving this vitally important issue, but it is frustrating that they have decided to embark on yet another round of consultation rather than introduce legislation". He said: "People with learning disabilities and their carers need legislation to protect them - not more proposals."