Advanced Directives
Advance Statements About Medical Treatment...
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...more commonly known as Living wills, are made by those who do not wish to burden their family with some of the most difficult decisions a family could have to make; Shall we allow our loved one to die? Would he or she have wanted to live like this?
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Making a Living Will is one of the most unselfish decisions you can make. It sets out clearly your wishes if you are suffering from any one of a number of critical conditions such as severe or lasting brain damage. It states that you fear indignity far more than you fear dying and asks that this be borne in mind when administering any treatment aimed at artificially sustaining your life.
The Legal Position
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It is clear, in common law, that competent, informed adults have a legal right to refuse medical procedures in advance and that an unambiguous and informed advance directive (refusal) can be as valid as a contemporaneous decision. Health professionals may be legally liable if they disregard the terms of an advance directive if the directive is known to them, is clear, unambiguous and is applicable to the circumstances.
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It is clear, in common law, that competent, informed adults have a legal right to refuse medical procedures in advance and that an unambiguous and informed advance directive (refusal) can be as valid as a contemporaneous decision. Health professionals may be legally liable if they disregard the terms of an advance directive if the directive is known to them, is clear, unambiguous and is applicable to the circumstances.
Advance statements expressing preferences about treatment decisions or requesting certain treatments are not legally binding. In England and Wales, views expressed by a third party about medical care are also not binding on health professionals. The BMA believes however, that wherever possible, such statements should be taken into account in deciding on the patient's best interests. In all circumstances, a contemporaneous decision by a competent individual overrides previously expressed statements by that person.
Advance statements expressing preferences about treatment decisions or requesting certain treatments are not legally binding. In England and Wales, views expressed by a third party about medical care are also not binding on health professionals. The BMA believes however, that wherever possible, such statements should be taken into account in deciding on the patient's best interests. In all circumstances, a contemporaneous decision by a competent individual overrides previously expressed statements by that person.
