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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
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