Withholding Treatment

Abstract

This article considers the Supreme Court of the United Kingdom case Aintree University Hospitals NHS Foundation Trust v James, which was a judgment under the Mental Capacity Act 2005 in respect of a seriously ill man who lacked capacity to make decisions about his medical treatment. The author provides a brief overview of the case, before analysing the Supreme Court’s decision, and outlining the valuable insights it provides for end of life decision-making in New Zealand. The article concludes that the Aintree decision is important when considering the meaning of best interests of an incapacitated person, how those interests should be determined, and the role of family members in making decisions about medical treatment for their incompetent loved ones.