Will the doctor have to follow my advance decision or advance statement?
This page describes the criteria for advance decisions to be legally binding.
- Advance decision (Living wills)
- What is an advance statement?
- Why should I consider making an advance decision or advance statement?
- You are here: Will the doctor have to follow my advance decision or advance statement?
- What an advance decision cannot do
- How to make an advance decision
- Advance decision (Living wills) - frequently asked questions
- Advance decision (Living wills) - more resources
Advance decision (Living wills)
Will the doctor have to follow my advance decision?
Advance decisions, when they meet certain criteria, are legally binding. This means all medical professionals, including doctors, have to follow them. This is only true when your advance decision is both ‘valid’ and ‘applicable’.
- Valid – In order to be valid, an advance decision must have been made at a time when you were capable of making the decision. This is referred to as having ‘mental capacity’.
- Applicable – In order for the advance decision to be applicable, the wording has to be specific and relevant to the medical circumstances. This means you have to choose what you say carefully. If the advance decision is vague or if it isn’t clear that it refers to a particular medical condition, treatment or practice, the doctor may not have to (or be able to) follow it.
The advance decision must also:
- have been made when you were over 18 and fully informed about the consequences of refusing treatment, including the fact that it may hasten death
- not have been made under the influence of other people
- be written down and be signed and witnessed (if it relates to refusing life-saving treatment).
Will the doctor have to follow my advance statement?
An advance statement – unlike an advance decision – is not legally binding. This means doctors and medical professionals do not have to follow it. However, doctors, nurses and all other health and social care professionals should take an advance statement into account when making decisions about your care and treatment. This means they should try to follow it where possible, and if they do not, it must be because they have a good reason.