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An advance statement is an expression of your preferences, wishes, beliefs and values that are relevant to you and how you wish to be cared for. Advance statements are not legally binding, however in England and Wales, anyone making decisions for someone who does not have capacity to make decisions for themselves must act in that person’s best interests.
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Recording your wishes and values in as much detail as possible will help people who may have to make decisions for you, be that an attorney you have appointed under a Health and Welfare Power of Attorney [link], or your doctor or social worker, to make decisions that are as close as possible to those that you would have made yourself if you were able.
What are the formalities?
An advance statement need not be in writing, but wherever possible it is better for it to be recorded in this way. Whilst there is no requirement for an advanced statement to be signed, signing, dating and including your name, address and date of birth will help confirm that your advance statement is a true document, which reflects your wishes.
What sort of things can an advance statement include?
You should include anything that is important to you, and anything you feel may help someone to make decisions about your health care or how you live.
You should not feel restricted in what you say, or how you record what is important to you. You do not need to follow any set format. What matters is that the person who needs to make decisions for you has the best sense possible of what matters to you.
Examples of things that you could include are:
You could also include details of practical matters that may need to be attended to – for example, if you have pets, then who would you want to look after them if you cannot do it yourself.
Can I have an Advance Decision or a Lasting Power or Attorney and an Advance Statement?
Yes, the three documents can work together. An advance statement can help people to understand your Advance Decision, and to make decisions for you if it ultimately turns out that your Advance Decision does not cover the exact situation that you are in. An advance statement will also help your attorney(s) to make decisions on your behalf.
Catherine J., UK
NOTE: unless otherwise stated, the information in this document is based on the laws of England. People living in other places are invited to make their own inquiries. This document is for general information purposes only and does not constitute, and is in no way an alternative to obtaining legal advice.
What are the formalities?
An advance statement need not be in writing, but wherever possible it is better for it to be recorded in this way. Whilst there is no requirement for an advanced statement to be signed, signing, dating and including your name, address and date of birth will help confirm that your advance statement is a true document, which reflects your wishes.
What sort of things can an advance statement include?
You should include anything that is important to you, and anything you feel may help someone to make decisions about your health care or how you live.
You should not feel restricted in what you say, or how you record what is important to you. You do not need to follow any set format. What matters is that the person who needs to make decisions for you has the best sense possible of what matters to you.
Examples of things that you could include are:
- any religious values or aspects to your living,
- any dietary requirements and preferences,
- where and by whom you would prefer to be cared for,
- how you like to live, for example you may prefer a quiet life with no television, or quite the opposite, or it may be important to you that you have access to a garden or to certain activities.
You could also include details of practical matters that may need to be attended to – for example, if you have pets, then who would you want to look after them if you cannot do it yourself.
Can I have an Advance Decision or a Lasting Power or Attorney and an Advance Statement?
Yes, the three documents can work together. An advance statement can help people to understand your Advance Decision, and to make decisions for you if it ultimately turns out that your Advance Decision does not cover the exact situation that you are in. An advance statement will also help your attorney(s) to make decisions on your behalf.
Catherine J., UK
NOTE: unless otherwise stated, the information in this document is based on the laws of England. People living in other places are invited to make their own inquiries. This document is for general information purposes only and does not constitute, and is in no way an alternative to obtaining legal advice.