Have you ever wondered how you can ensure your wishes are respected if you’re unable to communicate them? An Advance Statement might be the solution you’re looking for. In this article, we’ll explore what Advance Statements are, how they differ from other legal documents, and why they might be crucial for you and your loved ones.
What is an Advance Statement?
An Advance Statement is a written document that outlines your preferences, wishes, beliefs, and values regarding your future health and social care. It’s designed to guide those who might need to make decisions on your behalf if you lose the ability to communicate or make decisions for yourself.
Who can make an Advance Statement?
Anyone aged 18 or over with mental capacity can create an Advance Statement. Mental capacity, in this context, refers to your ability to understand, retain, and weigh information to make and communicate decisions. If you’re unsure about your mental capacity or that of a loved one, it’s advisable to arrange a professional mental capacity assessment.
What can an Advance Statement cover?
Advance Statements are remarkably flexible and can cover various aspects of your future care, including:
1. Daily care preferences (e.g., preferring showers over baths, sleeping with a night light)
2. Desired care locations (e.g., at home, in a specific nursing home, or hospice)
3. Religious or spiritual beliefs that should be respected in your care
4. Practical considerations (e.g., who should look after your pets or maintain your property)
Here’s a brief example to illustrate:
“I, Jane Smith, prefer to receive care in my home for as long as possible. If this becomes impractical, I’d like to be placed in a care home within 10 miles of my current residence. I’m a vegetarian and wish for this diet to be maintained. I find comfort in having my cat, Whiskers, near me, and would appreciate arrangements for her to visit if I’m in a care facility.”
Advance Statements vs. Advance Decisions: Understanding the Difference
While both documents relate to future care, they serve different purposes:
Advance Statements:
– Outline general preferences and wishes
– Not legally binding, but must be considered
– Can cover a wide range of care aspects
Advance Decisions:
– Specifically refuse certain medical treatments
– Legally binding when valid and applicable
– Focus solely on medical treatments
Are Advance Statements Legally Binding?
Unlike Advance Decisions, Advance Statements are not legally binding. However, healthcare professionals and anyone making decisions on your behalf must take them into account. Think of them as a powerful guide rather than a strict set of rules.
Creating and Storing Your Advance Statement
While Advance Statements don’t require witnesses or signatures, signing your document can provide additional clarity. You have control over who sees your statement, but it’s crucial to keep it accessible to those who might need it.
Consider these storage options:
1. With your medical records
2. With your GP
3. With trusted family members or friends
4. In a digital format with secure access for relevant parties
Remember to review and update your Advance Statement regularly, especially after significant life changes or health developments.
Potential Limitations and Conflicts
While Advance Statements are valuable tools, it’s important to understand their limitations:
1. They may not cover all possible scenarios
2. Medical professionals may sometimes need to act against stated preferences for your wellbeing
3. Conflicts may arise between your statement and family members’ wishes
In such cases, healthcare professionals will work to balance your stated preferences with your best interests and current medical needs.
How We Can Help
At A.D.E Wills, we understand the importance of making your wishes known. We offer personalised support in creating comprehensive Advance Statements that truly reflect your desires. Our services include:
1. One-on-one consultations to discuss your care preferences
2. Professional drafting of your Advance Statement
3. Guidance on communicating your statement to relevant parties
4. Regular review and update services
For those looking for more extensive protection, we also offer assistance with creating Lasting Powers of Attorney (‘LPA’) for Health and Welfare, which allow you to appoint someone to make health-related decisions on your behalf.
You can learn more about our LPA services here.
Taking the Next Step
Advance Statements offer peace of mind, ensuring your voice is heard even when you can’t speak for yourself. Whether you’re ready to create your Advance Statement or just have questions, we’re here to help. Contact our friendly team by calling 01865 507174 or email us at info@adewills.co.uk to get started on securing your future care preferences today.
Remember, planning ahead is a gift not only to yourself but also to those who care about you. Take control of your future care – start your Advance Statement journey today.
