A colleague received a request from a solicitor that he
should not only insert an Advance Statement (Living Will) so that it remains at
the top of the notes, but should also take on the responsibility of informing
other clinicians of the existence of the will when the time is appropriate.
The committee agreed that whilst it is reasonable for GPs to
arrange to tag their patient’s records (paper and electronic) to show the
existence of an Advance Statement (Living Will) GPs could not guarantee that
every doctor caring for the patient would know. The patient and/or their
representative should retain the will and the responsibility for informing
future carers. Many patients carry on their person in the form of a card of
bracelet information of the existence and whereabouts of the Living Will.
Acknowledgement of receipt of a copy of the Living Will may
be accepting a duty of care unless you make it clear in the acknowledgement that
you cannot accept responsibility for action. I have a model letter to write to
Solicitors in the office if you would like further advice.
Contact: jpeniket@compuserve.com