Advance decision

Advance directive, living will

An advance decision is a refusal of a specific treatment, made by an adult with capacity, to apply if they later lose it.

Updated 12 October 2026 (1 minute read)

Summary

  • A valid and applicable advance decision is legally binding in England and Wales under the Mental Capacity Act 2005.
  • A refusal of life sustaining treatment must be in writing, signed and witnessed, and must say that it applies even if life is at risk.
  • It can refuse a treatment but cannot demand one.
  • It is also known as an advance directive or a living will.

Interview questions

  • An unconscious patient arrives with a written advance decision refusing ventilation. What do you do?
  • What is the difference between an advance decision and an advance statement?
  • Should a decision made years ago bind doctors today?

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