Part 1

Persons who lack capacity

Advance decisions to refuse treatment

Advance decisions to refuse treatment: general
24
1
“Advance decision” means a decision made by a person (“P”), after he has reached 18 and when he has capacity to do so, that if—
a
at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and
b
at that time he lacks capacity to consent to the carrying out or continuation of the treatment,
the specified treatment is not to be carried out or continued.
2
For the purposes of subsection (1)(a), a decision may be regarded as specifying a treatment or circumstances even though expressed in layman’s terms.
3
P may withdraw or alter an advance decision at any time when he has capacity to do so.
4
A withdrawal (including a partial withdrawal) need not be in writing.
5
An alteration of an advance decision need not be in writing (unless section 25(5) applies in relation to the decision resulting from the alteration).