ANSWERS: 1
  • An advance directive allows United Kingdom residents to give instructions about their medical care that will be followed if they become incapacitated. The directive may be used to refuse all or some treatment but may not request treatment options.

    Background

    The Mental Capacity Act of 2005 took effect in the United Kingdom in October 2007. It provides, among other things, that individuals may give written or oral instructions regarding their care in an advance directive, sometimes called an advance decision or living will.

    Requirements

    The person making the advance directive must be at least 18 years old and mentally competent. The directive must identify the specific treatment to be refused and the circumstances in which the directive applies. If the directive refuses life-sustaining treatment, it must be in writing, signed and witnessed.

    Limitations

    You may not use an advance directive to name someone to decide for you, require medical personnel to act against professional judgment or request that your life be ended.

    Effectiveness

    An advance directive is legally binding. Medical personnel who disregard the directive may face civil or criminal liability.

    Cancellation

    You may cancel an advance directive at any time. If the directive is in writing, destroy the document or clearly mark it "withdrawn."

    Source:

    Living Wills: Advance Decision or Directive

    Office of the Public Guardian: Making Decisions

    Age Concern: Advance Decisions, Advance Statements and Living Wills

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