Tag Archives: living will

Court Is Asked Whether a Living Will is Effective

This week, the family of Margaret Bentley, an 82 year old woman with advanced dementia, started a law suit asking the British Columbia Supreme Court to order the care home to stop “force feeding” her.   The family contends that Ms. Bentley, a retired nurse, clearly set out her wishes in her Living Will executed in 1991.  They say that the Living Will states she wishes to die with dignity, and not to be given “nourishments or liquids”.

According to a recent report, one of the defendants in the law suit, the Fraser Health Authority, says it has a legal obligation to care for Ms. Bentley: “if no one fed her, caregivers would be abdicating their responsibilities to provide her with basic essentials. Ignoring such obligations might result in a lawsuit or even a violation of the Criminal Code, Fraser Health contends. It says those obligations trump Bentley’s living will.”

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