In this article, we’ll examine Advance Decisions, sometimes known as a Living Will. This document is very useful for anyone who has strong feelings about what medical treatment they want to receive and wants to ensure that their wishes are followed even if they cannot make treatment decisions for themselves.
What can an Advance Decision do?
An Advance Decision is a way of making sure your family and the professionals providing treatment know your personal wishes for that treatment, even when you are unable to inform them yourself. This may be because you have lost capacity due to an illness such as dementia or even due to a temporary lack of consciousness brought about by an accident.
If you feel strongly that you would not want to receive certain types of treatment in certain situations, this can be included in your Advance Decision. If you then found yourself in a situation that your Advance Decision applies to, a doctor would not be able to provide that treatment to you. A common example would be a person who would like to refuse blood products because of their religious beliefs.
What can’t an Advance Decision do?
You can’t use an Advance Decision to request certain types of treatment. Although everyone has the right to refuse treatment, even if it results in their death, no one has the right to insist on a particular treatment.
You can’t use this type of document to ask or encourage someone to help you end your life. Assisted suicide is illegal in England & Wales.
Are they legally binding?
As long as they are drafted and signed correctly and apply to the situation you are in at the time the decision to administer treatment needs to be made, advance decisions are legally binding.
To make one, you need to have the mental capacity to make these kinds of decisions and be aged over 18.
To make sure your Advance Decision is legally binding, it also needs to meet the following requirements:
- It must be in writing and signed by you.
- If it makes decisions about refusing life-sustaining treatment, it also needs to be signed by an independent witness – someone who has no interest in your estate and include a statement that you wish the Advance Decision to apply even if your life is at risk.
- It must clearly state what treatment you would refuse and in what circumstances it applies.
We would always advise that you seek advice from a professional, such as a Member of The Society of Will Writers, when making an Advance Decision.
Did you know?
- An advance decision comes into effect once you have lost capacity.
- An advance decision can work alongside a health and welfare LPA.
- An advance decision can only set out what treatments are being refused.
- A copy of the advance decision should be included when the LPA is sent to the OPG for registration.
- It’s a good idea to give a copy to your family members so they are aware, as well as your doctor and/or the care home.
