Margot Bentley VSED Case Going to Trial in December

The Vancouver Sun reports that the Supreme Court of British Columbia has reserved decision December 16 to 18 for a trial in the case of Margot Bentley v. Maplewood Seniors Care Society & Fraser Health Authority.  



This is a rare case that tests the legal right to make an "advance" decision to voluntarily refuse food and fluids (VRFF) aka voluntarily stop eating and drinking (VSED).



PLAINTIFF'S POSITION



Bentley’s living will, drafted, signed and witnessed in 1991, almost a decade before she was diagnosed with Alzheimer’s, states that she does not want “nourishment or liquids” if she suffers from an incurable disease.  Yet, Bentley is still being spoon-fed because she can still swallow. 



Bentley’s husband, John, and her daughter, Katherine Hammond, contend that Margot’s wishes are being ignored since nursing home staff are spoon-feeding Bentley, an 82-year old former nurse who has been in a vegetative state for three years.



NURSING HOME POSITION



But the nursing home contends that if they stopped feeding Margot, then they would risk criminal charges of culpable homicide.  “To the extent that (the patient’s) Statement of Wishes (Living Will) constitutes an instruction to assist her in committing suicide, it cannot be enforced without the commission of an offence …”



NEW TWIST



As in the dramatic Lana Barnes case in Minneapolis, there is now a second living will, purportedly signed by Bentley that states: "I accept basic care . . . .”



But Bentley’s husband says that the document must contain a “forged” signature since his wife has been unable to sign her name for several years and the signature does not resemble Bentley’s whatsoever.