Advance decision to refuse treatment (‘living will’)

What is it?

• A legally binding document outlining what medical treatment a patient would not want in the future, if they lacked capacity.

What makes it legally binding?

• Signed
• Witnessed
• It is not felt to have been signed under duress
• There is no doubt about the patient’s state of mind at time of signing

Role of relatives

• Relatives have no legal rights to rescind or modify a valid advance decision 

Limitations

• The patient cannot specify which treatments they would want, only those they would not want