What is an Advance Decision?

An Advance Decision, sometimes known as a ‘living Will’ is a set of instructions of measures you would like to refuse when you no longer have the capacity to give or refuse consent to treatment. This can surround both medical and health care decisions.

To make an Advance Decisions you must be over the age of 18, and have the capacity to make those decisions now.

What situations can an advance decision cover?

An Advance Decision ensures your wishes are carried out when you can no longer do so for yourself. Our solicitors at Johnson Astills can prepare your Advance decision to cover a variety of scenarios such as, but not limited to;

• Your wish not to be placed in a care home, nursing home or hospice care.
• The type of medication you would prefer to receive; i.e. if you express a wish to only receive pain relief to keep you comfortable. Including your preferred type of medication.  
• Whether you wish to be resuscitated where there is a chance of permanent physical illness.
• Where uncertainties arise surrounding your advance decision, who would you like medical professionals to liaise with.

Once your Advance Decision is formalised, it will be forwarded to your GP and placed on your medical records. It is important you review your Advance Decision regularly as your circumstances change.

You can revoke or change your Advance Decision at any time, whilst you still have the capacity to do so.

It is important to remember that where an Advance Decision refuses life sustaining treatment it must be in writing and witnessed correctly.

Our solicitors at Johnson Astills can help prepare a valid Advance Decision that expresses your wishes. Even if your decision does not refuse life sustaining treatment it is still advisable for your decisions to be recorded in a formal document. This will avoid any future problems regarding the validity of an Advance Decision.

Here at Johnson Astills we have specialist solicitors who can advise you in relation to advance decisions and prepare these documents on your behalf and if you would like to speak to a solicitor in our Wills and Probate department please call us on 0116 255 4855.