Also known as a ‘living will’ or ‘Advance Decision’, an advance decision to refuse treatment (ADRT) is a legally binding decision made by a person over the age of 18 to refuse treatment at some point in the future, including life-sustaining treatment.
The Mental Capacity Act 2005 and its Code of Practice apply at the time an Advance Decision is made and also at any time the person wishes to alter or withdraw their decision. So long as the person has capacity, has specified the treatment to be refused and the circumstances in which it is refused in writing, has signed the decision and had this witnessed, then the decision is a legally binding document.
The decision to refuse treatment comes into play when the person making the decision is no longer able to communicate their decision or has lost capacity.
Advance Decisions that meet all of the above criteria are legally binding on health and social care professionals. A person may make both an Advance Decision and a more general Advance Statement.