A storyline in ITV's popular Emmerdale show concerning a character's planned suicide assisted by his mother is not only emotive but raises several current issues.

In the storyline, the character Jackson is now a quadriplegic following an accident, and totally dependent on others for all his needs. But despite having a loving and supportive mother and a partner, he's decided he no longer wants to live and has persuaded his mother to assist him in ending his life.

The question of assisted suicide is now raised regularly in the media and there have been a number of high profile cases involving the Dignitas Clinic, in Switzerland. But where does the law stand in the UK?

First of all, to help anyone end their life is a highly sensitive topic and causes confusion to many, including lawyers. It is still a criminal offence to help anyone end their life, but the law does recognise a distinction between the withdrawal of treatment supporting life and the active termination of life, which is unlawful.  

The Courts at present are treating each case on a 'case by case' basis, and to a huge degree exercising common sense where someone is charged with murder or assisting someone to end their life.

Presently, Lord Falconer, the former Justice Secretary, is heading a commission to review evidence from experts and the public in respect of assisted dying, and to consider what system, if any, should exist to allow people to be assisted to die and whether any changes to the law should be introduced. The commission is due to publish its final report by December 2011.

But what do you do if you've grave concerns about your own future and perhaps feel very strongly about being kept alive on a ventilator or repeatedly resuscitated?

Many people make a living will or an Advance Directive, which will state your wishes in a medical emergency. Doctors are bound to follow these wishes or apply to a court for an order to override them. A copy must be lodged with your GP.

The problem here is that we live in an age when medical science is advancing rapidly and what may not be possible to save a life today will be possible in five, 10 or 20 years' time. An Advance Directive needs to be reviewed on a regular basis to take into account advances in medical science.

Access Legal from Shoosmiths' advice is to make a Health and Welfare Lasting Power of Attorney, in which you appoint someone you trust - a friend, a member of your family or a professional such as a solicitor - to act for you in the event of a decision having to be made to prolong your life.

In the Lasting Power of Attorney you state your wishes clearly and your reasoning behind these wishes including refusing life sustaining treatment. Once registered at the Office of the Public Guardian, it will give authority to your attorney to then act on your behalf, to take into account current and expert medical advice, and then have the authority to act on your behalf.

If you'd like further information about a Health and Welfare Lasting Power of Attorney, please contact our Helpline on 03700 868686.

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