What is an Advance Refusal of Treatment?

Everyone has the right to make choices in respect of their medical treatment, even if those choices do not correspond with their family’s or their doctors’ wishes. A person may make an Advance Refusal providing that they have the capacity to do so under the Mental Capacity Act 2005. An Advance Refusal of Life Sustaining Treatment is exactly as the name suggests: a decision, made whilst a person has capacity, to refuse specific treatment if so needed in the future.

How do I make an Advance Refusal of Treatment?

If the Advance Refusal does not relate to life sustaining treatment there are no formalities that need to be adhered to. It would be enough to express your views to your doctor.

However, where the decision is in respect of life sustaining treatment, which is defined by the Mental Capacity Act, the Advance Refusal must be clear. It must therefore be in writing and be witnessed by another person.

What if the doctors ignore my Advance Refusal?

A doctor may apply to the Court to check the validity of your Advance Refusal without fear of suit. However, there may be certain circumstances where failure to adhere to an Advance Refusal may constitute a battery.

Our Lawyers are highly experienced Medical Lawyers and can advise you in respect of any Medical Law matter.

Contact us today to discuss any concerns that you have in relation to medical treatment with a specialist Medical Lawyer.