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Friday, 10 August, 2001, 16:52 GMT 17:52 UK
Patient wins right to die at home
Jason Powell in hospital
Jason Powell has won his fight to go home
A terminally ill man from Carmarthenshire in west Wales has been granted his wish to die at home after a legal battle with his local health authority.

Thirty-three-year-old Jason Powell, who is suffering from multiple sclerosis, had been due to take his fight for 24-hour nursing care at home the High Court in London on Monday.

But on Friday it was revealed that Dyfed Powys Health Authority and the local authority had agreed to jointly fund the care he needs to return to his specially-adapted flat in Whitland, near Carmarthen.

Mr Powell has been told he may not survive beyond Christmas.

He took up his legal fight adamant that he wanted to spend the time left to him at home among family and friends who have supported his action.

Solicitor Catrina Salter
Solicitor Catrina Salter
His legal action was based on a claim that the health authority was breaching his fundamental human rights by not permitting him to be nursed at home.

His solicitor Catrina Salter said Mr Powell was "very, very pleased" about the news.

She said the health authority and local authority's decision to fund Mr Powell's home care was a vindication.

Mr Powell, who has been in the West Wales General Hospital since getting pneumonia in February, could be back in his flat within a fortnight.

"Jason is terminally ill and he has been told that he is unlikely to survive beyond Christmas so it is important there is no further delay and that he can go home," said Ms Salter.

One of his final wishes is to watch his beloved Whitland rugby team - who have supported him since he developed MS when he was 17 - play another match.

"He's absolutely fantastic and I think he should be given the right to have what he wants," said friend Susan Pearce.

At the High Court last month, Jenni Richards, for Mr Powell, told Justice Silber: "He is a very determined young man who is terrified at the prospect of going to a nursing home.

"He won't go into a nursing home and cannot be forced to do so. Therefore, the reality is that he will live out his last months in a hospital bed."

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 ON THIS STORY
News image Jason Powell's solicitor, Kathrina Salter
"Jason is very, very pleased"
News image BBC Wales's Rebecca John
"He did not want to go into a nursing home as the authority had offered"
See also:

05 Oct 00 | Scotland
MS sufferers in drug plea
21 Apr 01 | Health
MS sufferers 'let down' by NHS
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