Making choices

There maybe important choices that you may need to make in the later stages of your illness. You can decide in advance whether you will have treatment under certain circumstances. You can refuse particular treatments if you wish. For example, you can say that if your condition suddenly gets worse, your breathing stops or your heart stops, you do not want to be brought round (resuscitated). If you’re in hospital, the doctors may discuss this with you.

The Mental Capacity Act (2005) applies to people aged 16 and over in England and Wales. It aims to protect people who cannot make a decision for themselves. This means that a person can plan ahead for a time when they may not be able to make decisions on their own behalf. It makes it clear who can take decisions in which situations, and how they should go about this. There are many parts to this act including parts on Lasting Power of Attorney and Advance Decisions. The Adults with Incapacity Act (2000) relates to people in Scotland.

Lasting Power of Attorney Back to top

A Lasting Power of Attorney is where you put in writing the name of someone you trust to make decisions or manage your financial, legal or health affairs on your behalf in the future if you are no longer able to do so. To make a Lasting Power of Attorney, you need to use special forms. These forms need be registered at the Office of the Public Guardian before they can be used.

You have to pay a fee to register the forms.

You can get these forms, as well as more information about Lasting Power of Attorney, from the Public Guardianship Office on 0845 330 2900 or on their website at: www.publicguardian.gov.uk/arrangements/lpa.htm|

In Scotland there are two main types of power of attorney. A Welfare Power of Attorney allows your nominated person to make decisions about your health and welfare in the event of you not being able to make these decisions yourself. A Continuing Power of Attorney allows you to appoint a legally authorised person to look after your property and financial affairs should you become unable to do so yourself.

Again power of attorney must be registered with the Scottish Office of the Public Guardian. For more details see their website: www.publicguardian-scotland.gov.uk| or call 01324 678300.

Advance decisions (advance directives) Back to top

An advance decision is a decision to refuse a particular treatment in certain circumstances. In an advance decision you need to say which treatment you want to refuse and the circumstances when you want to refuse it. It’s best if your advance decision is put in writing. Where you want to refuse a treatment which may help keep you alive, the advance decision must be in writing and be signed and witnessed. An advance decision is legally binding.

If possible, it’s good to have an honest and open discussion with your partner, relative or closest friend in advance, so that they know and understand your wishes. Bear in mind that they may see things very differently than you. For example, they may treasure every possible minute of your life, even though you may be in a coma or unable to respond to them. It’s important to discuss your wishes with a medical professional such as your GP or consultant.

In Scotland the term used is advance directive. The law in relation to these varies between England and Wales, Northern Ireland and Scotland. A solicitor will be able to give you more information about this.

Advance decisions and advance directives are sometimes called living wills. This is a general term which can refer to an advance decision (advance directive) but can also refer to any general statement expressing you wishes and views.

Age Concern| has produced factsheets on Advance Decisions, Advance Statements and Living Wills and Lasting Power of Attorney which might be helpful to read.