Adults with Incapacity Amendment Act: consultation
Clarifying the provision of palliative care under Part 5 of the AWI Act where a welfare proxy disagrees with proposed treatment
There can be circumstances where the giving of medication for the purpose of alleviating serious suffering on the part of the patient could also prevent serious deterioration in their medical condition. However, alleviation of serious suffering is not itself stated in the legislation or code of practice as a purpose for which treatment could be given while section 50 dispute resolution procedures are ongoing.
The Scottish Government believe that in a section 50 dispute resolution, the treating doctor should be able to give medical treatment that is necessary to alleviate serious suffering on the part of the patient (so long as there is no interdict in force). There is no mention of alleviation of serious suffering in the Adults with Incapacity (AWI) Act Code of Practice for medical practitioners.
These changes would provide clarity for medical practitioners and relatives and medical staff when there is a dispute resolution situation, and they are providing treatment to the patient nearing the end of their life. This would require statutory changes to section 50(7) to reflect new policy intent rather than amending the code of practice for medical practitioners and make the AWI Act clearer on this matter