B.C. Court Rules on Healthcare Provider Duty to Honor VSED, VRFF

The Supreme Court of British Columbia has issued a 44-page decision in Bentley v. Maplewood Seniors Care Society (2014 BCSC 165).



I will provide commentary on this decision in a forthcoming Journal of Clinical Ethics legal briefing.  



In short, the court ruled:

1. Mrs. Bentley is capable of making the decision to accept oral nutrition and hydration and is providing her consent through her behavior when she accepts nourishment and liquids;


2. The assistance with feeding that she is currently receiving must continue;


3. The provision of oral nutrition and hydration by prompting with a glass or spoon is a form of personal care, not health care within the meaning of the HCCCFA Act;


4. Neither the 1991 Statement of Wishes nor the Second Statement of Wishes constitute a valid representation agreement or advance directive;


5. Even if Mrs. Bentley was found incapable of making the decision to accept oral nutrition and hydration, I am not satisfied that the British Columbia legislature intended to allow reference to previously expressed wishes or substitute decision makers to be relied on to refuse basic personal care that is necessary to preserve life.


6. Withdrawing oral nutrition and hydration for an adult that is not capable of making that decision would constitute neglect within the meaning of the Adult Guardianship Act.