What is an Advance Decision?

An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific treatment, rather than demanding specific treatment and it is your responsibility to inform family and healthcare professionals once you have an Advance Decision in place.

Why is an Advance Decision important?

If you feel strongly about specific care that you would or would not want to receive in the future then an Advance Decision is important. You are able to set out the circumstances for when refusal should apply. As long as your Advance Decision is considered valid, medical professionals must follow your request. If your Advance Decision relates to life sustaining treatment it must be written, signed and witnessed to be valid.

When can I make an Advance Decision?

You can make an Advance Decision if you’re over the age of 18 and have the mental capacity to make your own decisions.

You must ensure that your Advance Decision does not conflict with any Lasting Power of Attorney that you may already have in place. You can find out more about Lasting Powers of Attorneys here.

Is an Advance Decision right for me?

If you have strong views about what kind of healthcare you do/do not want to receive, then an Advance Decision is worth considering.

If preparing an Advance Decision is something you would like to discuss further, our expert solicitors at Johnson Astills would be pleased to assist you. In the event that there is concern surrounding mental capacity, we can obtain the relevant medical report from a medical professional before advising as to the options available.

Should you wish to prepare an Advance Decision, Lasting Power of Attorney or discuss any concerns relating to mental capacity, please contact our expert solicitors at Johnson Astills who would be please to assist you. You can call us at our Leicester or Loughborough Offices, contact us via email at legal@johnsonastills.com or fill in our enquiry form.