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Advance decisions and statements

Advance Decisions and Advance Statements allow service users to make important decisions about their future care and treatment if they become unwell.  

An Advance Statement is not legally binding but an expression of the individuals preferences that should be considered by health and social care professions caring for them to ensure their wishes are considered in their care delivery and in their best interest.

To make either an Advance Decision or an Advance Statement a service user must have the mental capacity to do so. Advance Statements and Advance Decisions only come into force if the person subsequently loses mental capacity. Until then, they can make their own decisions on specific issues.

Advance Decisions are sometimes referred to as Advance Directives or Living Wills. These terms were used before the Mental Capacity Act 2005.

A person must be at least 18 years old and have mental capacity to make an Advance Statement.

An Advance Statement is an expression of a person’s wishes or preferences, made when they have the capacity to do so, detailing what they would like to happen should they become unwell. An Advance Statement is not legally binding but expresses choice and preferences that should be respected and acted upon by staff (unless there are particular circumstances that prevent staff from doing so).

A person must be at least 18 years old and have mental capacity to make an Advance Decision.

An Advance Decision enables someone, aged 18 and over to discuss and document while they have mental capacity, their wish to refuse specified medical treatments they do not want doctors to give. Advance Decisions are made for a time in the future when they may lack the capacity to communicate their wishes to refuse that treatment. It must be put in writing, signed and dated in the presence of a witness and is governed by the Mental Capacity Act it is a legally binding decision.

It is recommended (although not compulsory) that you discuss the decision to make an Advance Decision with your GP, Care Co-ordinator or other appropriate health or social care professional.

You may wish to carry a contact card to indicate that you have an Advance Decision or Advance Statement in place and should ensure this is communicated to anyone caring for you including making your next of kin aware.

Advance Decisions and Advance Statements may be overridden when a service user is detained under the Mental Health Act 1983 (MHA).

It is recommended (although not compulsory) that you discuss the decision to make an Advance Decision with your GP, Care Co-ordinator or other appropriate health or social care professional.

You may wish to carry a contact card to indicate that you have an Advance Decision or Advance Statement in place.

Useful information

Mental Capacity Act Code of Practice – GOV.UK