Advance Decision - Details
What is an Advance Decision (Living Will)?
An Advance Decision (or Advance Directive in Scotland) allows you to provide instructions for future medical care and treatment while you are still capable of making decisions for yourself.
An Advance Decision provides an opportunity for you to discuss treatment options with your medical staff as well as to discuss and resolve difficult issues with your family and friends.
(Also called a Living Will, Advance Directive or Health Care Directive)
Governing Law
You must select a governing law.
In Scotland a Living Will or Health Directive is legally referred to as an Advance Decision. In Scotland an Advance Directive is not enforceable under the Adults with Incapacity (Scotland) Act 2000, however the Act states that the wishes of the person should be taken into consideration.
In England and Wales a Living Will or Health Directive is legally referred to as an Advance Decision. Advance Decisions are legally enforceable under the Mental Capacity Act 2005 and should be followed by healthcare professionals.
In Northern Ireland, there is no specific legislation governing Advance Decisions. Status of Advance Decisions are therefore unclear and may not be enforced.
Advance Statement of Values and Beliefs
An Advance Statement is a description of your views and beliefs that you wish to be taken into account if health care decisions are being made for you. While such a statement is not binding on medical professionals, it could provide them with the kind of information they need to make decisions for you when you are no longer able to do so for yourself. This feature is optional.
(e.g. My fundamental belief is that a person should be allowed to die with grace and dignity and that a life should not be prolonged with aggressive medical treatment where the resulting quality of life is poor and where there is no reasonable expectation of recovery.)
Living Will
Below, you can select what kinds of treatment you would or would not want to receive if you should be diagnosed with a terminal condition. If you would prefer to specify something different about a particular kind of treatment, select "other" and type your instruction in the space provided.
Terminal Condition
If my condition is determined to be terminal and with no hope of recovery, I would like the following done:
Persistent Unconsciousness
If I am persistently unconscious with no hope of recovery, I would like the following done:
Severe and Permanent Mental Impairment
If I am severely and permanently mentally impaired, I would like the following done:
Comfort and Dignity
"If I am suffering from one of the above-mentioned illnesses; and if my behaviour becomes violent or is otherwise degrading, I want my symptoms to be controlled with appropriate drugs, even if that would worsen my physical condition or shorten my life."
"If I am suffering from one of the above mentioned illnesses and I appear to be in pain, I want my symptoms to be controlled with appropriate drugs, even if that would worsen my physical condition or shorten my life."
Other Treatments
Organ Donation
Additional Instructions
You may want to provide instructions about other issues that concern you. Some examples are:
- Who you want to be with you during your final moments.
- Who you would prefer not to be present during your illness.
- Who will care for your pets during your illness.
Signing Details
A witness should be at least 18 years of age, should not be a spouse or partner, should not be entitled to any portion of your estate, and should not be your health care provider, an employee of your health care provider or an employee of a nursing home or care facility in which you are a resident.
Where will the document be signed?