What is a Living Will? (Advance medical directive) It is exercising your right to refuse future medical treatment. If you think your health will affect your ability to make decisions in future, you can make an advance decision to refuse medical treatment. This can detail treatment you don’t want to have. Find out about making an advance decision, including one saying you don’t want treatment to keep you alive.
An advance decision or directive – what it is Some health conditions may mean you can’t make and communicate your own decisions which is known as a ‘lack of capacity’. If you’re concerned about having a lack of capacity in the future, you can make statements explaining medical treatments that you would not want at that future time. The statement, verbal or written, is called an ‘advance decision to refuse treatment’.
An advance decision only applies to your right to refuse medical treatments.
What can’t you use an advance decision for? You can’t use an advance decision to ask for specific medical treatment or anything that is against the law, like requesting help to commit suicide to nominate someone else to decide what treatment you should have
Who can make an advance decision? Your advance decision will only be legally valid and accepted by health care professionals if you: •are 18 or over and had capacity when you made it •have set out exactly which treatments you don’t want in future (if you don’t want life-saving treatment, your decision must be signed and witnessed) •have explained the circumstances under which you would want to refuse this treatment •have made the advance decision without any harassment by, or under the influence of anyone else •haven’t said or done something that would contradict the advance decision since it was made
Advance decisions and the law Advance decisions to refuse treatment are covered by provisions of the Mental Capacity Act 2005 that came into force in April 2007. By law, a valid advance decision refusing life-saving treatment means you can’t be treated. If a doctor did treat you, legal action might be taken against them.
Understanding the Mental Capacity Act Making an advance decision to refuse treatment There is no set format for making an advance decision but it is helpful to include the following: •your full details. •a clear statement of the treatment to be refused and the circumstances in which the decision applies. •the date you wrote or reviewed the document. •your signature or that of the person writing for you (if you aren’t able to write)
Who needs to know about an advance decision? Make sure your close relatives, friends, GP and other medical staff know about what you have put in your written advance decision.