In an unpredictable world, having control over your future medical care is invaluable. An Advance Decision, also known as a Living Will, allows you to make crucial healthcare choices now, ensuring your wishes are respected even if you’re unable to communicate them later. Let’s explore this important legal tool in depth.
What is an Advance Decision?
An Advance Decision is a legally binding document that allows you to refuse specific medical treatments in the future, should you become unable to make or communicate those decisions yourself. It’s a powerful way to ensure your personal values and beliefs are respected in your healthcare.
Who Can Make an Advance Decision?
To create a valid Advance Decision, you must be:
– Over 18 years old
– Possessing mental capacity at the time of making the decision
Mental capacity, in legal terms, means you can understand, retain, and weigh up the information needed to make and communicate your decision.
What Can (and Can’t) Advance Decisions Do?
Advance Decisions are primarily used to refuse specific treatments. For example, you might use one to decline:
– Blood transfusions
– Artificial nutrition or hydration
– Certain surgical procedures
– Cardiopulmonary resuscitation (CPR)
It’s important to note that while you can refuse treatments, you cannot use an Advance Decision to:
– Request specific treatments
– Ask someone to help end your life (assisted suicide remains illegal in England and Wales)
Advance Decisions vs. Advance Statements
Don’t confuse Advance Decisions with Advance Statements. While an Advance Decision is legally binding and focuses on refusing specific treatments, an Advance Statement is a more general document expressing your preferences, beliefs, and values regarding your future care. Healthcare providers should consider Advance Statements, but they’re not legally binding.
Can You Refuse Life-Sustaining Treatment?
Yes, you can use an Advance Decision to refuse life-sustaining treatment. However, this requires additional steps to ensure its validity:
1. The decision must be in writing
2. You must sign it
3. An independent witness must also sign it
4. It must include a clear statement that the decision applies even if your life is at risk
Making Your Advance Decision Legally Binding
To ensure your Advance Decision is legally binding:
1. Put it in writing
2. Sign and date it
3. Have it witnessed (essential for refusing life-sustaining treatment)
4. Use clear and specific language about which treatments you’re refusing and in what circumstances
5. Ensure it’s applicable to your current situation when it needs to be used
Storing and Sharing Your Advance Decision
While it’s your choice who sees your Advance Decision, it’s crucial to ensure it’s accessible when needed. Consider:
– Informing your family, close friends, and GP
– Keeping a copy in your medical records
– Carrying a card in your wallet indicating you have an Advance Decision
– Storing a copy with your attorney if you have a Lasting Power of Attorney for Health and Welfare
Reviewing Your Advance Decision
Healthcare practices and your personal views may change over time. It’s wise to review your Advance Decision regularly – perhaps annually or when there are significant changes in your health or personal circumstances. You can update your decision at any time, as long as you still have mental capacity.
Advance Decisions and Lasting Power of Attorney (LPA)
If you create a Health and Welfare LPA after making an Advance Decision, your attorney can override your Advance Decision, but only if you’ve given them the authority to make decisions about life-sustaining treatment. If the Advance Decision is made after the LPA, it takes precedence for the specific treatments it covers.
The Role of Healthcare Professionals
Doctors and other healthcare providers are legally bound to follow a valid Advance Decision. However, they may not apply it if:
– You’ve done something clearly inconsistent with the Advance Decision
– There are reasonable doubts about its validity
– There have been advances in medical treatment that you couldn’t have anticipated
Seeking Professional Advice
While this guide provides an overview, creating an Advance Decision is a significant step that can have far-reaching consequences. It’s highly recommended to seek professional legal advice to ensure your document is clear, valid, and truly reflects your wishes.
The Takeaway
An Advance Decision is a powerful tool for maintaining control over your future healthcare. By clearly stating your wishes now, you can ensure that your values and beliefs are respected, even if you’re unable to express them later. Remember, it’s your health, your choice, and your voice – make it count.
For more information on creating your Advance Decision, don’t hesitate to contact our team of experts at 01865 507174 or email us at info@adewills.co.uk. We’re here to help you navigate this important decision.
