This video sets out the importance of Lasting Powers of Attorney and Advance Decisions to Refuse Treatment, both part of the Mental Capacity Act, as the best ways to maintain your control over decision-making.

A brief introduction to lasting power of attorney, how to use it and what it involves.

Future wishes form.

Lasting power of attorney form.

Statement form for advance decision to refuse treatment (A4). An advance decision allows a person over the age of 18 to refuse a specific treatment in the future when they lack the capacity to consent to, or refuse, that treatment.

A preferred priorities for care (PPC) statement form (A4), which patients can fill in to state their wishes and care preferences are for the last few months or year of their life.

Statement form for advance decision to refuse treatment (A5). An advance decision allows a person over the age of 18 to refuse a specific treatment in the future when they lack the capacity to consent to, or refuse, that treatment.

This policy has arisen from the implementation of the MCA 2005 and seeks to give advice and guidance on how and when an assessment of mental capacity should be carried out. It draws a distinction between routine/ongoing assessments of capacity, which is a part of everyday care, and more exceptional occasions, when a formal assessment is necessary. In the latter case a formal, documented assessment is now required by the Trust in defined instances.

Sitra, the Carers Trust and Care Charts UK designed this booklet to provide support and guidance about decision making for carers of people living with dementia. Carers provided examples of decisions they make with and for the person they care for. The booklet uses their experience to bring alive how carers manage supported decision making to maintain a good quality of home life, whilst keeping the people they care for as independent and safe as possible. It covers the key principles at the heart of the Mental Capacity Act; how to assess capacity; and making decisions on behalf of someone.

Findings of a research project to better understand the knowledge and experience GPs have of advance decisions. Five themes emerged from this study and include: GPs had significant gaps in knowledge about advance decisions and how they can benefit people; GPs imposed a financial barrier by charging for appointments to discuss advance decisions; GPs felt that conversations about death, dying and planning for the end of life would be too upsetting or difficult; GPs had negative preconceptions about refusing treatment; and GPs had practical concerns about the ease and process of supporting a person to make an advance decision.

This toolkit supports healthcare professionals’ understanding of advance decisions. It looks at: the legal framework for advance decisions and explains healthcare professionals’ obligations when caring for someone who lacks capacity; what an advance decision is and the criteria one needs to meet; how to support someone to make an advance decision; what steps should be followed if a person lacks capacity and has an advance decision; challenges that healthcare professionals may face when acting on an advance decision and offers practical guidance to help overcome them; and the relationship between advance decisions and lasting power of attorney for health and welfare. It consolidates guidance from the Mental Capacity Act, General Medical Council and British Medical Association.

This document is part of a series of brief guides to help all health and social care professionals navigate through and apply the principles of the Mental Capacity Act for decisions regarding treatment and care. It sets out alternative decision-making approaches in the event that a person does not have mental capacity to give consent to a proposed treatment. It looks at the role of advance decisions to refuse treatment, lasting powers of attorney for health and welfare and discusses situations where the Court of Protection may need to be involved. The guide also covers advance care plans, independent mental capacity advocates, and best interest decisions.