Advance Decision to Refuse Treatment

Advance Decisions to Refuse Treatment overview. For more detail see the Mental Capacity Act Code of Practice or [icon name=icon-circle-arrow-right]

  • 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


[icon name=icon-download-alt]Example Advance Decisions Capacity Checklist

[icon name=icon-download-alt]Example ADRT Form
[icon name=icon-download-alt]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  • Has withdrawn their decision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