An Advance Decision (sometimes called a 'living will') is a legal document that allows you to refuse specific medical treatments in advance, in case you later lose the capacity to make or communicate decisions.
Unlike a Health & Welfare LPA, which gives someone else the power to make decisions for you, an Advance Decision is a direct instruction from you about treatments you don't want to receive.
Advance Decisions can cover any treatment, but they are most commonly used to refuse life-sustaining treatment in certain circumstances — such as if you are terminally ill, permanently unconscious, or have severe dementia.
To refuse life-sustaining treatment, your Advance Decision must be in writing, signed, witnessed, and include a specific statement that it applies even if your life is at risk.
In 2026, awareness of Advance Decisions has grown significantly, partly due to high-profile cases and increased NHS emphasis on advance care planning. However, many people still confuse them with LPAs.
An Advance Decision and a Health & Welfare LPA can work together, but if they conflict, the most recently made document takes precedence. We recommend having both as part of a comprehensive estate plan.
At Castle Family Legal, we can help you create an Advance Decision alongside your Will and LPAs. Contact us to discuss your wishes in a private, supportive setting.
