An Advance decision or more commonly known as a Living Will is a document which usually takes the form of a written statement setting out in advance what types of medical treatment you do or do not want to receive in specific circumstances should you be incapable of giving or refusing consent.
An Advance Decision must be signed whilst you are mentally competent.
It allows people to specify what treatment they want if they become mentally incompetent - if they develop dementia, for instance. The government is drawing up plans to give Advance Decisions legal force.
It sets out guidelines for dealing with life-sustaining medical procedures in the eventuality of your sudden debilitation. An Advance Decision would, for example, inform medical staff not to provide extraordinary life-preserving procedures if you are incapable of expressing your wishes and suffering from an incurable and terminal condition.
Advance Decisions and the Law
Advance Decisions are not legally enforceable (in the UK) at present, but they can be considered by medical staff who are responsible for your care. Legislation going through Parliament may change this in future, so that Living Wills become legally enforceable.
The current view of the courts is that, subject to a number of important limitations and conditions an advance refusal of treatment may be enforceable, provided it can be clearly established that the patient understood the result of refusing treatment, and was capable of making such a decision and the decision applies to the treatment in question.
