Advance Decisions and Advance Statements Explained

Your care in later life is something that might not be on your mind every day but is incredibly important for your well-being and peace of mind. Advance Decisions and Advance Statements are sometimes referred to as 'Living Wills.' These legal documents let you express your wishes for medical care if certain situations arise.

Let's explore your options.

What's an Advance Decision?

Imagine a situation where you can't make decisions about your medical treatment because of an accident, unconsciousness, or a loss of mental capacity. It's a challenging thought, but that's where Advance Decisions come into play. They allow you to make clear choices about the medical treatments you'd like to refuse in the future. Your preferences matter, and these documents help ensure they're respected.

Every Advance Decision is unique because it reflects your personal wishes. For example, you can use an Advance Decision to refuse treatments like being resuscitated, receiving a blood transfusion, or undergoing certain medical procedures. It's your way of taking control of your healthcare decisions.

Are Advance Decisions Legally Binding?

Yes, they are legally binding if certain conditions are met.

You must create them when you're over 18 and have the mental capacity to do so. Your document should be in writing, signed, and witnessed. It needs to be clear about the treatments you want to refuse and the circumstances in which you wish to refuse them. We also suggest adding an explanation for your choices, which can provide context and avoid misunderstandings.

For your Advance Decision to be effective, your loved ones and doctors must be aware of it. Keep them informed, and make sure a copy is in your medical records. It's also a good idea to update your Advance Decision every two years or when your circumstances change.

Do I need legal advice to make an Advance Decision?

You don’t need a legal professional to help you create an Advance Decision. You’ll find a link to a helpful online tool at the end of this article that will take you through the process. However, we would encourage you to talk to your GP too. Talking to your doctor about it can help you understand the medical implications of your choices and prove you had full mental capacity when making the decision.

What's an Advance Statement?

Advance Statements are like Advance Decisions but with a twist. They allow you to outline your preferences for future care and medical treatment. Unlike Advance Decisions, Advance Statements are not legally binding, and there are no strict requirements for their format. While they can technically be verbal, it's best to put them in writing.

Why Should I Make an Advance Statement?

Advance Statements are the perfect way to describe the care or treatment you'd like to receive. You can specify where you'd like to live if your needs change or the type of care and support you'd prefer. You can even name the individuals, perhaps your partner or a. close family member, who you'd want to be involved in decisions about your care and treatment.

While Advance Statements aren't legally binding, they're still taken into account when decisions need to be made about your care. However, remember that healthcare professionals or your next of kin can overrule your choices.

Do I need both an Advance Decisions and Lasting Powers of Attorney?

There's plenty to consider when it comes to legal documents like Advance Decisions, Advance Statements, and Lasting Powers of Attorney (LPAs). LPAs allow you to nominate someone to make decisions on your behalf, including medical treatment and daily routines.

It’s sensible to prioritise your Lasting Powers of Attorney as they are the most powerful legal document dealing with your financial arrangements and your healthcare. Your Advance Decision and Advance Statement should sit comfortably alongside your Lasting Powers of Attorney so you have a robust and completely personal plan.

You can choose the combination that works best for your unique situation. Be mindful of how these documents interact and avoid contradictions. Seek help from an experienced estate planner to ensure they all fit together smoothly.

If you have an LPA, let your attorneys know about your Advance Decision and/or Advance Statement, and discuss your choices with them. These documents can influence future decisions they might need to make on your behalf.

What should my next steps be?

Your well-being is essential, and we're here to ensure your wishes are heard and respected.

We understand that legal matters can be confusing and sometimes overwhelming. The team at Carisma Wills is here to help you navigate the legal jargon and offer support. If you have any questions or need advice, don't hesitate to reach out.

The information in this article and on our website is for guidance and does not constitute legal or financial advice. We strongly recommend that you discuss your estate plans with a professional. We make every effort to update our website when the law or interpretation of the law changes, but we do not give any guarantee in this respect.

What is a Living Will?