ABSTRACT
An advance decision (AD)/an advance decision to refuse treatment (ADRT), known as an advance directive or a living will, is a statement of treatment preferences that indicates a person's wishes should the capacity for decision making be lost in the future. Prior to the Mental Capacity Act 2005, ADs were legally valid under common law. An individual can make a verbal AD to refuse treatment and professionals must follow these if they consider they exist and are valid and applicable, except if treatment is life sustaining. If refusal is accepted by healthcare professionals as genuine, physicians must respect this decision. Physicians who do not follow AD/ADRT could face criminal prosecution or be liable to be sued in the Civil Court. The Mental Capacity Act 2005 also provides protection to the healthcare professionals if they withhold or stop treatment because they reasonably believe that a valid and applicable AD/ADRT exists.
