C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Advance decisions to refuse treatment

24Advance decisions to refuse treatment: general

1

“Advance decision” means a decision made by a person (“P”), after he has reached 18 and when he has capacity to do so, that if—

a

at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and

b

at that time he lacks capacity to consent to the carrying out or continuation of the treatment,

the specified treatment is not to be carried out or continued.

2

For the purposes of subsection (1)(a), a decision may be regarded as specifying a treatment or circumstances even though expressed in layman's terms.

3

P may withdraw or alter an advance decision at any time when he has capacity to do so.

4

A withdrawal (including a partial withdrawal) need not be in writing.

5

An alteration of an advance decision need not be in writing (unless section 25(5) applies in relation to the decision resulting from the alteration).