Advance Decision to Refuse Treatment

Advance Decisions to Refuse Treatment overview. For more detail see the Mental Capacity Act Code of Practice or www.adrt.nhs.uk  

  • Person can make when capable and ≥18 years old
  • Refuse a specific medical treatment
  • In particular circumstances
  • When they lack capacity to consent to or refuse that treatment
  • It is legally binding when valid and applicable to the circumstances
  • Can be verbal or written

 

However if refusing potentially life sustaining treatment MUST be

  • Written
  • Contain statement ‘even if my life is at risk’
  • Signed
  • Witnessed

 

 Example Advance Decisions Capacity Checklist

 Example ADRT Form
 Bassetlaw Example ADRT Form

To establish if an Advance Decision to Refuse Treatment is valid and applicable the health professional must try and find out if the person:

  • Has done anything that clearly goes against the ADRT
  • Has withdrawn their decision
  • Appointed a Lasting Power of Attorney with the authority to make a decision about the treatment in question after they did the ADRT.
  • Would have changed their decision if they knew more about the current circumstances