Advance decisions

Advance decisions are also known as advance directives or living wills. They allow a person to specify what treatments they would not want and would not consent to before they have lost capacity to decide for themselves.

The legal framework for advance decisions is provided by The Mental Capacity Act 2005, which also provides for resolution of disputes and disagreements about advance decisions. The Mental Health Act 2007 introduced safeguards on the deprivation of liberty into the Mental Capacity Act 2005.

Lasting power of attorney

The Mental Capacity Act 2005 provides the legal framework to enable someone to give a named person the authority to make decisions on their behalf. This authority is called a ‘lasting power of attorney’, and replaces what was previously called an ‘enduring power of attorney’.

Decisions made under authority of a lasting power of attorney must be in the person’s best interests. When there are important concerns relating to decisions taken under the authority of a lasting power of attorney, the case can be referred to the Court of Protection. To be valid, lasting power of attorney documents must be registered with the Office of the Public Guardian.