A Valid Advance Decisions
Case law in the 1990s confirmed the legally binding nature of advance treatment refusals under common law. An Advance Decision refusing treatment for a mental disorder will not be legally binding if you are detained and receive treatment under the Mental Health act 1983.
An Advance Decision in relation to physical treatment will remain binding if you are receiving treatment under the Mental Health Act 1983.
You may decide to refuse certain medication because of unpleasant side effects you experienced in the past, or you state that you do wish professionals to consider alternatives to hospital admission as previously this had made matters worse for you.
Your Advance Decision will be binding if the following conditions are met:
- The advance treatment refusal is your own decision and you made it without having been influenced by other persons
- Your instructions are clear and consistent
- The circumstances you intended the refusal to apply to have occurred
- You were competent when you wrote your Advance Decision and you fully understood the consequences of refusal of treatment