
What is an advance decision?
An advance decision to refuse treatment lets you set out in advance the medical treatments you do not want to receive if you later lose capacity. It is legally binding on clinicians, and must be in writing, signed and witnessed if it covers life-sustaining treatment.
It is distinct from an advance statement, which records preferences — where you would like to be cared for, your routines, your values. An advance statement must be taken into account but is not binding.
An advance decision only refuses treatment. It cannot demand a particular treatment, and cannot request anything unlawful.
Its weakness is entirely practical. A binding document nobody can find in an emergency has no effect. It needs to be known to your GP, your family and anyone holding a health and welfare LPA — and the interaction between the two documents needs to be deliberate, because the later one generally prevails.


