Planning ahead – What is an Advance Decision and why are more people making one?

Talking about end-of-life care is often difficult to do, but more people than ever are starting to plan ahead and make their wishes known.

An Advance Decision can help take the guesswork out of difficult situations.

If you’ve ever thought, “I wouldn’t want that to happen to me”, then this is something worth knowing about.

What is an Advance Decision?

An Advance Decision (sometimes called a Living Will) is a legal document that lets you refuse specific medical treatments in the future, in case you’re ever too unwell to communicate or make decisions for yourself.

It gives you a say in what happens if you lose capacity.

You’re not leaving it to chance, and you’re not putting pressure on your loved ones to make tough calls on your behalf.

Once properly made, it’s legally binding under the Mental Capacity Act 2005. That means doctors and healthcare professionals must follow it.

Why are more people making them?

For a long time, conversations about death and serious illness were brushed under the rug. But that’s changing.

More people are asking questions like:

“What would happen if I couldn’t make decisions for myself?”
“Would I want every possible treatment, no matter the outcome?”
“How can I make things clearer for my family?”

Advance Decisions are one way of answering those questions, in writing, ahead of time, with complete control over what you’d want to refuse.

They don’t mean you’re giving up on care. They mean you’re making sure any care you do (or don’t) receive is what you would’ve chosen.

It’s not just for later life

This isn’t something just for the elderly or terminally ill. Anyone over the age of 18 who has mental capacity can make an Advance Decision.

People choose to make one for all sorts of reasons, from living with a long-term condition, to being concerned about certain treatments, or simply wanting peace of mind.

What can you include?

Your Advance Decision must clearly set out:

The treatments you want to refuse
The circumstances in which those refusals would apply
Whether your decision applies even if your life is at risk

If you’re refusing life-sustaining treatment, such as CPR or ventilation, your Advance Decision must be in writing, signed, and witnessed.

These are strict requirements, but they exist to make sure your wishes are clear and respected.

Can it work alongside other plans?

Yes, in fact, we recommend it.

You can make an Advance Decision as part of a wider plan that includes:

A Lasting Power of Attorney (LPA) for health and welfare
A detailed Will
Instructions for your care or funeral preferences

That way, your loved ones and healthcare providers aren’t left in the dark. It becomes much easier for everyone to follow your wishes confidently and legally.

Is this the same as assisted dying?

No, and it’s important to draw that distinction.

Assisted dying remains illegal in England and Wales. An Advance Decision does not allow you to request help to end your life.

What it does allow is for you to say “I don’t want this treatment, even if refusing it may shorten my life.” That’s a very different legal position, and one fully supported by current law.

Want to put your wishes in writing?

At Meadows, we help clients from all walks of life make clear, legally sound Advance Decisions that truly reflect their wishes.

We’ll guide you through the process, explain what can and can’t be included, and make sure your documentation is correctly prepared and recognised.

We can also help you build a broader plan that includes Lasting Powers of Attorney and other key documents , so everything works together when it matters most.

Thinking about your future care? Talk to our team today to get started.