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What is an advance decision?

Many of us have clear ideas as to how we would wish to be treated and cared for in the event of future illness or serious injury, for example certain medical treatments or procedures that we would not want to receive. Far fewer of us take active steps to formalise these wishes in writing.

Making an advance decision (previously referred to as a Living Will) enables you to decide how you would like to be treated or cared for if you lose capacity to make those decisions in the future.

An advance decisions can set out:

  • Those circumstances in which you would want to refuse certain specified treatments
  • The person or people that you would want to be consulted if there were any difficulties regarding the advance decision
  • Preferences and wishes in relation to treatments (although a particular treatment cannot be demanded)

Alternatively, if you want to nominate specific people to make decisions on your behalf in relation to medical treatment, and in relation to many other decisions affecting your personal welfare, you could consider putting in place a lasting power of attorney for health and welfare.

We can also provide advice and assistance in relation to any dispute where an individual has made an advance decision. For example, if someone lacks mental capacity to consent to or refuse a particular treatment and the validity of their advance decision is being challenged by a medical practitioner.

Recommendations

“The team at Clarke Willmott covers every aspect of the private client spectrum. They provide an exceptional level of service based on their technical expertise, positive approach and a willingness to go the extra mile for their clients.” Legal 500 2026

“Clarke Willmott have a depth of knowledge that provides a degree of confidence both in the process and in delivering the outcome in a timely manner.” Chambers High Net Worth 2025

“Clarke Willmott’s team has always been responsive, thorough, and thoughtful in their approach. They’ve earned my trust and confidence over the years and come highly recommended.” Legal 500 2026

“We found the whole experience with the firm to be professional, precise, diligent and efficient.” Chambers High Net Worth 2025

Contact a specialist Wills solicitor

For help making an advance decision, call our specialist team now on 0800 652 8025 or contact us online for a confidential initial consultation.

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