Advance decisions in psychiatry: England and Wales

by Dr Lisa Williams and Dr John Rigby

 

Last updated: July 2016

 

'Advance directives' or 'living wills' were originally designed for terminally ill patients. They are now seen as increasingly relevant to psychiatry, where self-determination has been recognised as a fundamental ethical principle.

 

Following the implementation of the Mental Capacity Act 2005, there are two sorts of advance decisions – advance statements and Advance Decisions to Refuse Treatment (ADRTs).

 

These anticipate a time when the capacity to make a treatment decision has been lost, and detail a person’s wishes for future medical treatment. As such, they are a way of enhancing patient autonomy and choice.

 

As advance treatment refusals become more commonplace in clinical practice, psychiatrists may well be called upon to give an opinion about a person’s capacity to make an ADRT or be presented with one by a patient. Thus, they need to feel confident in this area.

 

Start the module

If you like this module, you may also be interested in:

 

Competence, capacity and decision-making ability in mental disorder by Dr Justine McCulloch and Dr Mark Taylor

 

Dementia: capacity, empowerment and conflicts of interest by Prof Cornelius Katona and Dr Gill Livingston

 

The Irish Mental Health Act 2001 by Dr Larkin Feeney and Dr Brendan Kelly

 

Psychiatric aspects of terminal care by Dr John Mitchell

 

Download take-home notes to print and annotateDownload take-home notes to print and annotate

 

This module will:

 

  • define the terminology used in advance decision-making, emphasising the differences between advance statements and ADRTs

 

  • discuss the relevant legal issues and the assessment of capacity, which is crucial in this area

 

  • highlight the particular conflict of ADRTs and the Mental Health Act 1983

 

  • look at the risks and benefits of having an ADRT (and how to discuss these with patients) 

 

  • illustrate the practicalities of advance decision-making with some case examples

 

  • set out the criteria for when an ADRT may be invalid.

 

NB: This module covers advance decisions in England and Wales only. For Ireland, please see the module Advance directives in Ireland.

 

Advance statements and the law in Scotland will also be published soon.

 

© 2018 Royal College of Psychiatrists