These legally binding documents allow you to refuse specific medical treatments in advance, ensuring your wishes are respected if you lose the capacity to make or communicate decisions in the future.
John-Paul Dennis, Head of Private Client at Jackson Lees, explains what you need to know about Advanced Decisions and why now is the right time to consider one.
What Is an Advance Decision?
An Advanced Decision to Refuse Treatment is a legally binding document under the Mental Capacity Act 2005.
It enables you to outline the treatments you do not wish to receive in specific circumstances, such as if you are in a coma, suffering from a terminal illness, or living with a progressive neurological condition like dementia or motor neurone disease.
Unlike a standard will, which deals with your estate after death, an Advanced Decision speaks for you while you’re still alive but unable to communicate.
Why Are Advanced Decisions Timely and Important?
Recent discussions around end-of-life care, autonomy, and medical ethics have brought Advanced Decisions into sharper focus.
With the NHS under pressure and families often facing difficult choices, having a clear directive can:
- Reduce stress and uncertainty for loved ones
- Ensure your wishes are respected
- Avoid unwanted or invasive treatments
Advanced Decisions are especially relevant for those with strong views on life-prolonging interventions or who support dignified end-of-life options.
What Can You Include in an Advanced Decision?
Your Advanced Decision can specify refusal of treatments such as:
- Resuscitation
- Artificial nutrition or hydration
- Ventilation or dialysis
- Antibiotics or IV fluids
You can also express preferences around organ donation, cremation, and medical research.
Importantly, they allow you to consent to palliative care, treatment that eases pain and provides comfort, even if it may shorten life.
How Does a Living Will Work with a Lasting Power of Attorney (LPA)?
If you’ve already made a Lasting Power of Attorney for Health and Welfare, your Advanced Decision can work alongside it.
However, if your LPA doesn’t cover specific scenarios, like refusal of life-sustaining treatment, your Advanced Decision will take precedence.
Is an Advanced Decision Legally Binding?
Yes, provided it meets legal requirements. It must:
- Be made by someone aged 18 or over
- Be written and signed
- Clearly state the treatments to be refused
- Be witnessed if refusing life-sustaining treatment
It’s important to discuss your wishes with a solicitor to ensure your Advance Decision is legally sound, clearly worded, and accurately reflects your intentions
Take Control of Your Future with Jackson Lees
At Jackson Lees, we understand that these decisions are deeply personal. Whether you're thinking about your own care or supporting a loved one, making an Advance Decision is a powerful step toward lasting peace of mind.
Our experienced Wills, Trusts and Probate solicitors are here to guide you with empathy, clarity, and legal expertise. We’ll help you create a Living Will that reflects your values and ensures your voice is heard, no matter what the future holds.
Please give us a call, request a callback or make an enquiry to discuss creating your Advanced Decision or updating your existing health, welfare and estate arrangements.