Prior to the diagnosis of death through the 2025 Code [of Practice for the Diagnosis and Confirmation of Death] the individual concerned Is not dead as a matter of law – MCA 2005 applies and consequently in the absence of agreement for brain stem testing to be carried out, or the arrangements for them, an application should be made to the Court of Protection to determine best interests: https://caselaw.nationalarchives.gov.uk/ewcop/t3/2025/36
Charles Cooper | Barrister 