As lawyers we stand in a neutral position regarding end of life matters and assisted dying.
We will provide impartial legal advice on these matters to assist you.
An advance statement specifies the treatment a person would desire or want; whereas an advance decision details the treatment a person would decline. The person making an advance statement should understand the treatment options, the implications of these and any alternatives.
Advance statements
The person making an advance statement needs to understand:
- the implications of accepting a proposed treatment;
- where the proposed treatment relates to end of life or assisted dying this will end their life;
- the treatment choice is their decision free of coercion;
- they are free to give whatever written views and wishes regarding the proposed treatment they so desire;
- if they lack sufficient capacity their written views and wishes my only be taken into consideration not necessarily followed.
Where an individual has medical condition which may step outside medical science to remedy and advance statement should be prepared in the event of the person choosing assisted dying.
Advance decisions
Relevant information the person should understand includes:
- an advance decision refusal will only be considered when the person lacks capacity to give or refuse consent to medical treatment;
- an advance decision is only binding if the healthcare professional considers it is valid and applicable to the proposed treatment;
- an advance decision can only ‘refuse’ medical treatment; any positive consent will be treated as a non-binding advance statement of the person’s wishes and feelings;
- the reasonably foreseeable consequences of not making an advance decision (that if lacking capacity, treatment can be given by healthcare professionals in his best interests);
- that he can cancel the advance decision, or any part of it, at any time while sufficient capacity remains;
- by giving his views and wishes regarding treatments, this may affect how other treatment decisions are made on his behalf;
- the decision to decline treatment should ideally correspond with his other personal views.
Legal Advice
Contact Linley James Solicitors on 0207 060 1210 or contact@linleyjames.co.uk to book an appointment to talk about creating an Advance Statement or an Advance Decision.
Terminally Ill Adults (End of Life) Bill