Advance Decision (Living Will) | £100

An Advance Decision to Refuse Treatment (ADRT), often called a Living Will, lets you record legally binding refusals of specified medical treatment for a future time when you lack mental capacity to decide for yourself.

This service is for clients who want their treatment refusals, Health and Welfare Lasting Power of Attorney (LPA), care preferences and emergency-care planning to work together rather than contradict each other.

Purpose

An ADRT can be especially important where you want to refuse life-sustaining treatment, CPR, blood products or another specified intervention because of faith, dignity, medical history or personal values.

It is different from a ReSPECT plan or an advance statement. A ReSPECT plan records clinical recommendations to guide immediate emergency decision-making. It is not legally binding. Statements of preference and care plans can guide best-interests decisions, but they are not the same as a legally binding refusal of treatment.

If you want a legally binding refusal of CPR or another specified treatment, that should be recorded separately as an ADRT.

How it works

• The ADRT identifies the treatment you are refusing and the circumstances in which the refusal applies.
• It only takes effect if you later lack capacity to make or communicate the decision.
• It is binding on doctors and healthcare professionals only if valid and applicable.
• A refusal of life-sustaining treatment must be in writing, signed, witnessed and say that it applies even if life is at risk.
• Copies should be held where they can be found, including with your GP and alongside any Health and Welfare LPA.

Relationship to your Health and Welfare LPA

A Health and Welfare LPA appoints attorneys to make welfare and medical decisions when you cannot. An ADRT records treatment refusals you have made yourself.

They should be checked together because an LPA can affect who has authority over life-sustaining treatment decisions. Fern Wills & LPAs can help align the wording so your ADRT, LPA and non-binding care preferences point in the same direction.

Included

• Consultation to clarify the treatments and circumstances you want to cover.
• Drafting of your ADRT and witness guidance.
• Option to align or cross-reference your Health and Welfare LPA.
• Guidance on where copies should be kept and who should know about them.
• Clear separation between legally binding refusals, ReSPECT recommendations and non-binding preferences.

When to consider one

• You have strong beliefs about medical intervention.
• You want to refuse particular treatment if you later lack capacity.
• You have or may need a ReSPECT plan, but want to make clear what is legally binding and what is clinical guidance.
• You want your LPA and medical documents to reflect clear, lawful choices.
• You want to reduce avoidable uncertainty for family, attorneys and clinicians.

Next steps

Ask us about preparing an Advance Decision (Living Will) and checking how it fits with your Health and Welfare LPA, ReSPECT plan or wider care preferences.