ADVANCE DIRECTIVES

The Mental Capacity Act of 2005

When it came into effect in 2007 The Mental Capacity Act introduced fundamental changes to "Living Wills".

We can all refuse medical treatment if we choose to but if we have lost capacity at the time then how is that decision to be communicated?

The Act brought in 2 types of Living Will documents.

The Advance Statement

This is a general staement about beliefs and in general terms how you would wish to be treated.  Whilst it has no great legal force it can be extremely helpful to your medical team and your family.

The Advance Directive

The Advance Directive allows you to make legally enforcable decisions about your treatment in advance including the refusal of life sustaining treatment.

This is completely new and for the first time, allows you to make a legally enforceable "Living Will".

It has some restrictions

• You cannot ask your medical team to end your life - that is against the law.
• You cannot refuse treatment designed solely to keep you comfortable and pain free
• You cannot refuse food and water by mouth

Your doctors can override your decision if, for example, a new treatment with much improved outcomes becomes available and which you could not have known about when you drafted the Advance Directive .

Your Advance Directive does need to spell out specifically and clearly what treatments you wish to refuse.  It is therefore sensible to speak to your doctor first.

A document that refuses life sustaining treatment does have to be signed and witnessed. 

North Country Wills can help with the technicalities.