Planning for future healthcare needs can be a difficult and emotional process, but taking the time to establish clear instructions about your preferences for medical treatment is essential. An advance decision (sometimes referred to as a Living Will), is an important legal tool that allows you to specify your wishes regarding medical care in situations where you may become unable to communicate them yourself. Although now less commonly used since the introduction of Lasting Powers of Attorney, advance decisions remain an important option for many.
By clearly outlining your desires, an advanced decision helps guide healthcare professionals and family members in making decisions that align with your wishes, especially in cases of serious illness, unconsciousness, or mental incapacity. This legal document reduces the burden of decision-making on your loved ones during challenging times, ensuring your treatment aligns with your values and preferences.
If you are considering creating an advance decision, please call us on 0203 924 8462 or fill in our contact form. Our experienced solicitors can provide clear, practical advice tailored to your specific circumstances.
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An advanced decision (AD) is a legally binding document that provides you with the opportunity to specify which medical treatments you would refuse in the future, particularly in situations where you may no longer have the mental capacity to make decisions for yourself. While similar to a living will, an AD goes a step further by outlining specific medical treatments you want to avoid.
To ensure its validity, an advanced decision must meet certain legal requirements, such as being written, signed, and witnessed. It also requires that you have the mental capacity to make the decision at the time of its creation. Once in place, healthcare professionals are legally obliged to follow your wishes.
The key elements of an advanced decision are:
Specific Treatments: Clearly state which treatments you wish to refuse, such as resuscitation or artificial nutrition.
Mental Capacity: You must have the mental capacity to make an advanced decision when you create it.
Reduces Family Pressure: Clearly outlining your wishes can ease the emotional strain on loved ones, sparing them from having to make difficult healthcare decisions during stressful times.
Signature and Witnessing: For an AD to be legally valid, it must be signed and witnessed according to legal requirements.
Creating an advanced decision involves several important steps to ensure your healthcare preferences are clearly stated and legally valid.
These steps include:
While it may be difficult to predict every medical situation, and deciding on advance decisions can feel overwhelming, you have the option to nominate someone you trust to make decisions on your behalf. This individual will understand your preferences and ensure your wishes are followed if you’re unable to make decisions yourself. Additionally, you may require assistance with finances or managing your home. In such cases, making Lasting Powers of Attorney could be a more suitable solution, or you may choose to do both.
Learn more about Lasting Powers of Attorney here.
Planning for the future is a crucial step in protecting your autonomy and ensuring your wishes are respected. Contact us to arrange an initial consultation, where we can discuss your needs and guide you through creating your advance decision.
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If you are considering creating an advanced decision, or if you need advice about how to ensure your healthcare preferences are legally documented, we are here to assist you.
Speak to one of our experienced solicitors today for confidential, expert advice tailored to your situation.
