Written and reviewed by the Private Client team at Muckle LLP, in partnership with Carents. Last reviewed Oct 2026. Click here for full legal dislaimer.
On this page:
- What are Advance Decisions and Advance Statements?
- What is an Advance Decision (Living Will)?
- What is an Advance Statement?
- What is the difference between an Advance Decision and an Advance Statement?
- Making sure these documents are followed
- When should these documents be reviewed?
- Frequently Asked Questions
What are Advance Decisions and Advance Statements?
At a glance
An Advance Decision (also called a Living Will) is legally binding in England and Wales. It sets out specific medical treatments a person does not want to receive in defined circumstances.
An Advance Statement is not legally binding, but records a person's broader preferences and wishes for their care.
Together, they can provide guidance for family members, doctors and other healthcare providers, reducing the burden of decisions that might otherwise fall entirely on the people closest to them at an already difficult time.
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Chat to the teamWhat is an Advance Decision (Living Will)?
An Advance Decision, also known as a Living Will, is a legally binding document in England and Wales. The law is different in Scotland.
It sets out your parent's instructions for their future healthcare if they become unable to make decisions or communicate their wishes. An Advance Decision only comes into effect once the person has lost mental capacity.
What can an Advance Decision cover?
An Advance Decision can cover:
- types of treatment the person does not want to receive
- when they would want life-sustaining care to be withdrawn
- preferences around active resuscitation in certain circumstances
An Advance Decision cannot be used to request anything illegal, such as euthanasia, or anything clinically inappropriate, such as refusing pain relief entirely.
What are the legal requirements for an Advance Decision?
For an Advance Decision to be valid, the person making it must:
- have mental capacity at the time of making the document
- be aged 18 or over
- clearly specify the treatment or care they are refusing and the circumstances in which that refusal applies
A solicitor can help to think through the issues and ensure the wording will be legally binding. Some charities, including Compassion in Dying, also provide free support and template forms.
What is an Advance Statement?
An Advance Statement is not a legal document, but it can have real practical value. It allows your parent to record their personal wishes and care preferences: information that can help family members, doctors and carents understand and reflect what matters to them if they can no longer express it themselves.
What can an Advance Statement include?
An Advance Statement can include anything your parent considers relevant to their care:
- information about their identity, values and what matters to them
- religious or spiritual beliefs
- dietary preferences, food sensitivities and allergies
- where they would want to live and be cared for at the end of life
- things they enjoy that support their wellbeing
Your parent can write an Advance Statement themselves, provided they have mental capacity, and can decide who sees it. It is also possible to use a template form or complete one online.
What is the difference between an Advance Decision and an Advance Statement?
| Advance Decision | Advance Statement | |
|---|---|---|
| Legally binding? | Yes (in England and Wales) | No |
| What does it cover? | Specific medical treatment refusals | Broader personal wishes and preferences |
| When does it apply? | Only once mental capacity is lost | Can guide decisions at any point |
| Who must follow it? | Healthcare providers are legally required to follow it | Healthcare providers should take it into account |
Making sure these documents are followed
An Advance Decision can only be followed if the people providing care know it exists. Steps to consider include:
- Carrying a copy, or a note indicating where the full document can be found
- Keeping a note in a purse or wallet
- Using a scheme such as the Message in a Bottle scheme, where a document is kept in the fridge for emergency services to find
- Placing a note in a key safe
For an Advance Statement, sharing it with key people, such as family members, the GP or a care provider, means it is more likely to guide decisions in practice. Your parent can ask their GP to keep a copy in their medical notes.
When should these documents be reviewed?
Both documents should be reviewed and updated at regular intervals, and whenever circumstances or preferences change. What felt right at one point may not reflect what your parent would want at another. A document that is clearly up to date is also more likely to be followed with confidence.
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