Advance decisions

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An individual has always had the freedom, under common law, to determine in advance whether or not to undergo medical treatment and, prior to the introduction of the Mental Capacity Act 2005 (MCA 2005), any statement to this effect was known as a 'living Will'. MCA 2005 has put the concept of the living Will into a statutory context as an advance decision. The relevant legislation is contained in MCA 2005, ss 24–26 and this should be read alongside Chapter 9 of the MCA 2005 Code of Practice.

An advance decision is a statement made by a person while

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