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Making advance decisions – Outlining medical treatment preferences for those with dementia

Advance decisions, also known as living Wills, are crucial legal instruments that allow individuals to outline their preferences for medical treatment in advance.

These decisions become particularly important for those diagnosed with dementia, as the condition often leads to a decline in mental capacity.

This can render individuals unable to make informed decisions about their care in the future.

The importance of advance decisions for individuals with dementia

Dementia is a progressive condition that impairs cognitive functions, including memory, reasoning, and decision-making abilities.

As the disease advances, individuals may lose the capacity to understand or communicate their healthcare preferences.

Creating an advance decision ensures that their treatment preferences are known and can be followed, preventing unwanted interventions and alleviating the burden on family members and healthcare professionals who might otherwise have to make these decisions on their behalf.

Outlining medical treatment preferences

An advance decision can cover a range of medical treatments, including:

Life-sustaining treatment
Pain management
Surgical procedures
General medical treatment

The advance decision must be clear and specific to avoid any ambiguity.

Consulting with healthcare professionals can help ensure that the document accurately reflects the individual’s wishes and covers all relevant aspects of their future medical care.

Legal requirements and steps to create an advance decision

Creating an advance decision involves several key steps.

Firstly, the individual must have the mental capacity to understand the implications of their decisions at the time of making the advance decision.

Secondly, the advance decision should be documented in writing. Although not legally required, it is advisable to have the document witnessed and signed to strengthen its validity.

Then the document should clearly state which treatments are being refused and under what circumstances, as vague language can lead to misinterpretation and non-compliance.

After this, individuals should review and update their advance decisions periodically, especially if their health condition or treatment preferences change.

Finally, copies of the advance decision should be shared with family members, healthcare providers, and anyone else involved in the individual’s care to ensure that it is accessible when needed.

Creating an advance decision requires careful consideration and legal compliance, but the effort can significantly enhance the quality of care and respect for the individual’s autonomy throughout the progression of dementia.

For assistance with creating an advance decision, our expert team of solicitors are here to help. Contact us today.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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