Advance Decisions

Navigating Mental Health and Mental Capacity with Empathy and Expertise

Advance Decisions

Advance decisions, sometimes referred to as advance statements and living wills are things you can do to make sure others know which medical treatment(s) you would want to refuse or how you would like to be treated should a situation arise where you are not able to make this decision yourself.

An advance decision to refuse treatment enables you to explain any medical treatment(s) you would not want doctors to give you should you lack capacity and be unable to make the decision yourself.

How can I make an advance decision?

Most advance decisions can be made verbally to your doctor. However, if you are making an advance decision to refuse lifesaving treatment then this must be in writing, signed and dated. It is often better to put any advance decision in writing just in case.

If a doctor is aware of an advance decision and it is valid and applicable then they are legally bound to follow it regardless of whether they think it is in your best interests. To make an advance decision you must be over the age of 18 and have mental capacity at the time of making the advance decision.

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What Legal Aid is Available?

The framework for legal aid funding is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). There are 2 forms of funding: Legal Help and Certificated funding. Our experienced solicitors can assess prospective clients to determine whether their case is within funding scope and eligibility for public funding.

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Advance Decisions

If a doctor is aware of an advance decision and it is valid and applicable, then they are legally bound to follow it regardless of whether they think it is in your best interests. To make an advance decision you must be over the age of 18 and have mental capacity at the time of making the advance decision. Should you require assistance please do not hesitate to contact us.