In a previous article we had a look at advance decisions and what they can and cannot do. To recap, an advance decision is a decision you can make to refuse certain treatment at some point in the future when you no longer have capacity. It is important to clarify that you must have capacity at the time the advance decision is made.
It is also a way of ensuring your family and medical professionals are aware of your wishes for treatment when you are unable to inform them yourself i.e. due to dementia. Here are some examples of what you can include in an advance decision:-
- You may not want a blood transfusion due to your religious beliefs.
- If you are terminally ill or become unresponsive, you may not want to be kept alive by being fed through a tube.
- If you are very ill and only expected to live for a few more days, you may not want medication to treat an infection.
If an LPA is created after an advance decision, the attorneys named in the LPA will be able to override what is written in the advance decision, provided they have the authority to give or refuse life-sustaining treatment on behalf of the donor.
If an advance decision is created after the health and welfare LPA where the attorneys are given the authority to make life-sustaining treatment decisions, the attorneys named in the LPA will not be able to consent to any treatment that you have refused and which is set out in your advance decision.
Where the LPA does not give the attorneys authority to give or refuse consent to life-sustaining treatment, this does not override the advance decision.
However, if the advance decision should be taken into account and used alongside the LPA rather than overridden, the advice from the Office of Public Guardian (OPG) is that an instruction should be included in section 7 of the health and welfare LPA making reference to the advance decision.
My attorneys must not make any treatment decisions regarding [description of specific decisions already covered by AD] as I already have an Advance Decision in place dealing with these matters.
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.
- 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, your doctor and/or the care home
LPAs and Advance Decisions are valuable documents to have as part of a complete estate plan. For advice tailored to your circumstances, speak to one of our members. You can find a member in your area by entering your postcode in our Find a Member search page or by calling the office on 01522 687 888.
