Advance declaration | LR Estate Planning advanced Decloration

An advance declaration, also known as a living Will. This is a document that allows you to leave a recorded statement as a donor, to their attorneys, health care professionals, or their careers. That outlines a statement of your decisions to refuse specific types of treatment at some time in the future. This would work in conjunction with the donor’s Lasting Power of Attorney (LPA).

The Difference between the LPA’s and the Advance Declaration is the LPA’s passes instruction from the donors to their chosen attorneys once they lose capacity, on their medical and financial matters whereas the Advance Declaration gives instruction on the forms of treatment they wish to refuse. This could be due to personal or religiose beliefs.

This could be a simple request such as, the donor wish to sleep with a light on as they don’t like the dark. Or they wish to be spoken to if they are in Acoma.

But its most critical role is that it is used as evidence for the attorneys. If the donor wishes to refuse life sustaining treatment after such a period of time. for example, 4 months from being in a vegetative state.

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FAQs

When should I present my Advance Declaration to my medical professional?

We would recommend that you declare it to your medical professionals before you go into treatment. And inform your attorneys that you have drafted the document to help guide them in their decision when acting in your interest.

Who can write my Advance Declaration?

Anyone who is of sound body and mind, who is over the age of 18.

Who should I show my Advance Declaration to?

You should show your advance declaration to your attorneys, your medical professionals and your care professionals. These are the people who need to be aware that you have an advance declaration. As they will be the people that will be following these instructions.

Why is an Advance Declaration important?

The reason that an advance declaration is important, is because it is a form statement that is declining your refusal of life-sustaining treatment. If it is your wish not to revise this treatment then it is best to keep a written record of your wishes, this is to help people get a better understanding of your wishes when you no longer have capacity.

What is the role of the mental capacity Act: 2005

The Mental Capacity Act (MCA) 2005 applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves. The MCA is designed to protect and restore power to those vulnerable people who lack capacity.

Are there things that you cannot include?

There are things that you cannot decline. Choose to refuse basic care that is essential to keep you comfortable, such as nursing care, pain relief, keeping you warm, etc choose to refuse the offer of food or drink by mouth λ ask for anything that is against the law such as euthanasia or help to take your own life λ demand specific medical treatment. No one can insist on treatment that healthcare professionals consider clinically unnecessary, futile or inappropriate refuse treatment for a mental disorder if you are to be detained under the Mental Health Act 1983. 5

Is the Advance Decision legally binding?

An advance decision is legally binding as long as it:

  • complies with the mental capacity Act. 
  • is valid
  • applies to the situation

If your advance decision is binding, it takes precedence over decisions made in your best interest by other people.

An advance decision may only be considered valid if:

  • you’re aged 18 or over and had the capacity to make, understand and communicate – your decision when you made it
  • you specify clearly which treatments you wish to refuse
  • you explain the circumstances in which you wish to refuse them
  • it’s signed by you (and by a witness if you want to refuse life-sustaining treatment)
  • you have made the advance decision of your own accord, without any harassment by anyone else
  • you haven’t said or done anything that would contradict the advance decision since – you made it (for example, saying that you’ve changed your mind)

Talk to your Adviser about making an Advance Declaration and the impacts of this document. It is important that you talk openly about your wishes.

What is an advance declaration?

An Advance Decision (short for Advance Decision to Refuse Treatment) is a document that allows you to make a legally binding refusal of medical treatment in advance of a time that you lose capacity.

How do I arrange my Advance Declaration?

Contact LR Connections and ask to talk to an Estate Planning Adviser. They will arrange a meeting with you at a convenient time for you and to explain the prosses and answer any questions regarding you’re Estate Planning needs.

When might my advance declaration be challenged?

Your Advance Declaration could be challenged if you state something that is contradictory to your wishes in your statement. This could bring your hole document into question. This could very possibly make the document become invalid and anything that you have stated in the document will be dismissed.

Will an Advance Declaration help my Attorneys if they are in a disagreement about my wishes?

Yes, if you have completed an Advance Declaration correctly, and it applies to the situation that they are in disagreement about then yes. You are stating clearly how you wish to be treated in said situation. The preps of this document are to help give clarity to those who are proceeding to make decisions on your behalf.

Can an Advance Declaration, be used in a court of law?

If your Attorneys are in disagreement and find they cannot agree on the best course of action for your care. they may find themselves settling the dispute in a court of law. Your advance declaration can be used as a written testament of your wishes. This could be a vital piece of evidence in drawing a verdict that a line with your decision on how you wish to be treated.

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