Advance Decisions
“An Advance Decision enables someone aged 18 or over, while still capable, to refuse specified medical treatment for a time in the future when they may lack the capacity to consent to or refuse that treatment” - Mental Capacity Act 2005 – Code of Practice Chapter 9
Prior to the Mental Capacity Act 2005 (MCA) it was possible to refuse medical treatment in advance. There was no need to do this in writing, but organisations like the Terrence Higgins Trust developed documents for use, commonly known as “Living Wills”.
Sections 24-25 MCA have given statutory recognition to Advance Decisions to refuse specified medical treatment.
This means that healthcare professionals must follow Advance Decisions if they are valid and applicable to the specific treatment and circumstances which have arisen.
It is important that an Advance Decision is drafted well. It needs to be appropriate in the circumstances and therefore it can be difficult to cover all the eventualities of possible illnesses and treatments. It should not be treated as a substitute to discussing your treatment with your doctor or discussing your wishes with your family.
An Advance Decision will only come into operation if you have lost the mental capacity to make the decision about the medical treatment required at the time that that decision has to be made.
Please note that you cannot demand specific treatment in an Advance Decison.
For more detailed information about Advance Decisions please contact us or click below for further details.
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Useful links
Mental Capacity Act 2005 - Code of Practice Chapter 9
