Current status: Answered by Jenni Minto on 29 December 2025
To ask the Scottish Government, regarding the capacity to make decisions about Do Not Attempt Cardiovascular Resuscitation (DNACPR), what safeguarding measures are in place for patients who may not have capacity and to ensure consent is always gained from either the person themselves or their power of attorney before a DNACPR is applied to a person's medical record.
The principles of the Adults with Incapacity (Scotland) Act 2000 should be given effect to in any intervention in the affairs of an adult lacking capacity. One of these principles is that the views of interested parties should be taken account of when determining if an intervention is to be made and what intervention is to be made. This includes those who are acting as power of attorney.
Our Integrated Adult Policy on Cardiopulmonary Resuscitation (CPR) makes clear that if a patient does not have capacity to make a decision related to CPR, then the principles of the Adults with Incapacity (Scotland) Act 2000 apply.
Where CPR might be successful in achieving sustainable life, a decision about whether the benefit of CPR would outweigh the harms and burdens for that patient must be discussed and agreed between that healthcare team and the patient's relevant others. Where there is a legally appointed proxy decision-maker (welfare attorney or welfare guardian) they must be involved in the decision-making process. Relevant information should also be shared with those close to the patient.