NORTH-East councils are being warned not to break the law after a landmark case ruled carers must leave a woman to die if she begins to choke.

Durham County Council has agreed to accept the conditions of a living will made by a former schoolteacher from the region who suffers from multiple sclerosis (MS).

The woman in her 50s has specifically written into her will that she does not wish to be resuscitated by carers or social workers if she begins to choke, a common symptom in the later stages of her condition.

It follows months of negotiations between the council and the Voluntary Euthanasia Society, which was acting on the married woman's behalf.

Mark Slattery, of the society, said they had been prepared to take legal action if the council had failed to accept the MS sufferer's wishes. He warned other councils to take note of the decision or risk being taken to court.

Mr Slattery said: "It is important for Durham County Council and other councils to have a proper policy in place so people know about living wills, otherwise they are putting employees in the situation where they could be breaking the law.

"This is the first time it has been in dispute. They did not think it applied to carers, only people in the medical profession such as doctors or nurses. It shows there may be a number of other local authorities out there who do not understand the law."

The woman, known only as Mrs C, had approached the society for help after she and her husband had failed to get Durham County Council to recognise the legality of the will.

A spokeswoman for the council said: "Obviously, it is a very difficult set of circumstances for everyone involved, but the wishes of the individual should, and will, be respected."

She added that if the woman was to start choking in front of carers they would immediately contact the emergency services and it would be up to paramedics if they intervened.

Mr Slattery said living wills had been recognised as law for 20 years and details are lodged with the NHS and charity, MedicAlert.