An advance statement is where someone records their wishes or preferences about their future treatment or care. This statement must be taken in to account when determining what is in their best interest.

An advance statement can be about anything; which care home you would like to live in, whether you prefer a shower to a bath or requesting a certain type of treatment.

An advance statement is not legally binding, but should be taken in to account when determining what is in your best interest. An advance statement does not have to be in writing, but it’s helpful if it is.

An advance decision to refuse treatment allows you to set out particular types of treatment you do not want. Advance decisions are legally binding, and must be followed by doctors and other health professionals, as long as they meet certain conditions.

When you make the advance decision you must be 18 or over, and have the mental capacity to make the decision. You must make clear which treatments you are refusing, and you should explain which circumstances the refusal refers to. You cannot make an advance decision to ask for a particular treatment, you can only say which treatments you would refuse.

An advance decision does not need to be in writing, unless it is a decision to refuse life-sustaining treatment, but it is helpful to write down your decision so that everyone is clear about your wishes.

Some people choose to make an advance decision knowing that it may have the effect of shortening their life. Life sustaining treatment is any treatment that is needed to keep you alive, and without which you might die. There are specific rules to follow if you want to make an advance decision to refuse life sustaining treatment:

• it must be in writing
• it must contain a specific statement which says that your advance decision applies even if your life is at risk
• it must be signed by you or in your presence, by someone you appoint if you are unable to sign
• it must be signed in front of a witness and signed by the witness in front of you.

Making an advance decision to refuse medical treatment may result in your health becoming compromised, therefore you must be sure it what you want to do.

You can find out further information about advance statements and advance decisions in the Mental Capacity Act Code of Practice.