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Validity of advance decision

Personal Injury Compensation

Validity of advance decision

NHS Surrey Heartlands Integrated Care Board v JH [2023] EWCOP 2

An Integrated Care Board (ICB) has succeeded in arguing before the Court of Protection that a declaration should be granted to a person with Asperger's syndrome, and that he had made an advance decision about refusal of treatment which was valid. This reaffirms the importance of respect for autonomy and provides reassurance to healthcare professionals who might be concerned about their legal position when following the wishes, expressed in an advance decision, of a determined but competent patient.

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