Lasting Power of Attorney and Advance Decisions to Refuse Treatment
If, in the future you can’t make a decision for yourself, it is common to involve those closest to you in deciding how you are cared for.
This is a lot easier if you have talked about your wishes beforehand. You can formalise this by appointing a ‘power of attorney’ to be contacted if you were unable to communicate your decisions. This process gives the legal responsibility for decisions about your health and welfare to a named person (or persons) of your choosing, who you trust, to make health and financial decision on your behalf. Here’s a short film explaining LPAs (Lasting Power of Attorney) and where to start.
You can make your LPA’s directly with the Office of the Public Guardian (England and Wales), Office of the Public Guardian (Scotland) or with your solicitor.
If you are seeking to support a child or person with learning difficulties and wishing to appoint a guardian, take a look at Mencap’s Guide to Guardianship and their Guides for lasting power of attorney
Advance Decisions to Refuse Treatment
We all have a right to refuse medical treatments provided we have full mental capacity.
There is a legal document that allows you to refuse any medical treatment. By making an Advanced Decision (also previously known as a living will), if there comes a time in your life when you lack the capacity to make decisions, your health care team will know what treatment you don’t want.
We recommend you work with your doctor or specialist nurse to write and record your Advanced Decision because it needs to be valid and applicable, written clearly, to cover the treatments you wish to refuse and in what circumstances and stating ‘even if this puts my life at risk’, (if applicable). The document must be signed and dated in the presence of a witness for it to be valid.
If you do have an Advanced Decision, it is advisable to talk about this with your family and any care professional who might be looking after you. They will ask to see a copy of it, as they need to be prepared to speak for you or know who you have nominated.
Compassion in Dying provides further information resources and has a helpline: 0800 999 2434
Useful resources:
- Advance decisions, advance statements and living wills by Age UK
- Advance decision to refuse treatment (living will) by NHS
- Living will (advance decision) by Compassion in Dying
- Making and implementing advance decisions: a toolkit for healthcare professionals by Compassion in Dying