Page 235 - Demo

professionals to carry out particular forms of treatment if the medical professionals, acting in the best interests of the individual, do not consider them appropriate. If the advance decision involves treatment that is necessary to sustain life, then any provisions must be in writing, signed and witnessed.
There are three main drawbacks of using an advance decision:
Ÿ There is no named individual responsible for administering the individual’s wishes
Ÿ It cannot be changed once the individual loses mental capacity
Ÿ If made when the individual is not suffering from any particular illness, it is almost impossible to predict what may happen and therefore any general wording that is used may not be binding as the medical professionals may decide the individual did not actually mean it to apply in the particular circumstances that arise
An advance decision does however enable a religious to give a clear indication to medical professionals about how they wish to be treated should the
need arise.
WHAT ABOUT ADVANCE STATEMENTS? HOW ARE THEY DIFFERENT?
A LPA is a complex document to put in place. Due to the power being placed
in the hands of the attorney to make life changing decisions on the part of
the individual, it is important to ensure that the documentation is completed correctly. Advance decisions are less complex to draw up, but as they are legally binding it is important to understand what decisions are being made.
A further, more informal alternative, is to consider making an advance statement. This is simply a statement made by the religious of their wishes and is not legally binding. However, under the Act the medical professionals should consider the wishes that have been expressed and take them into account when making decisions on the religious’ behalf or that affect their care. As this is a much more informal arrangement, it can take the form of a letter or even a note in the religious’ medical records.
The problem with relying on an advance statement is simply that it is not legally binding. While it will give medical professionals, family and other
Chapter 12 231