Yes, a person can make a decision in advance to refuse treatment if they should lose capacity in the future. This decision is made via an Advanced Decision to Refuse Treatment (ADRT). An ADRT is a decision you can make now to refuse a specific type of treatment at some time in the future. It lets your family, carers and health professionals know your wishes about refusing treatment if you’re unable to make or communicate those decisions yourself.

The UK’s Mental Capacity Act 2005 allows for an individual who is 18 or over and has the mental capacity to make and communicate decisions, to make an ADRT. This means that if there comes a time when the person can’t make their own decisions, perhaps due to illness or an accident, there are legal provisions that ensure their prior wishes are respected.

An ADRT can be applicable in a variety of situations. For example, someone may decide that should they develop a specific medical condition in the future, such as a certain type of dementia, they would not want to receive life-prolonging treatments.

It’s worth noting that an ADRT is legally binding, as long as it meets certain requirements. It needs to be clear about what treatments the person wishes to refuse and the circumstances at which the refusal should apply. If the decision pertains to life-sustaining treatment, the ADRT has to be written, signed and witnessed.

So yes, a person can refuse treatment in advance should they lose capacity with an ADRT. myADRT’s service helps to facilitate this process by offering a simple way for UK residents to create, register and download their own ADRT.

Following on from the question, there are several crucial topics to expand on, including the concept and legality of an Advance Decision to Refuse Treatment (ADRT), the criteria that make an ADRT valid, the types of treatments that can be refused, and the process of creating and revoking an ADRT.

Firstly, let’s look into what an ADRT is. An ADRT is a legal mechanism in the UK that allows an individual, while they still have the mental capacity, to record any medical treatments that they do not want to be given in the future, in case they later lose capacity to make or communicate their decisions. This could be due to a variety of circumstances such as being unconscious, having advanced dementia, or severe mental health conditions.

Now, not all ADRTs are legally binding. For an ADRT to be legally binding, it must meet certain criteria set out in the Mental Capacity Act 2005. The person must be 18 or over, have the mental capacity to make, understand and communicate their decision when the ADRT is made. They must clearly specify the treatments they wish to refuse and under what circumstances, and if the ADRT includes refusal for life-sustaining treatment, it must be in writing, signed, and witnessed.

When it comes to the types of treatment, it is vital to understand that a person can refuse any treatment, including life-sustaining treatments such as resuscitation and artificial nutrition and hydration. However, one cannot make an ADRT for anything that is not considered a medical treatment such as personal care or comfort measures or illegal actions like euthanasia or assisted suicide.

Creating an ADRT can be approached using a variety of methods. Tools like myADRT provide a standard template that individuals can use. It is always ideal for the person to discuss their decisions with healthcare professionals and loved ones, and their GP should be made aware of their ADRT. The completed form should be given to their GP and anyone involved in their care.

Lastly, an ADRT can be cancelled or changed at any time as long as the person still has capacity. To cancel an ADRT, this can be physically done by destroying the original document and any copies or expressing a clear intention to cancel it verbally or in writing. For it to be valid, changes must meet the same conditions for making an ADRT.

These are some of the key aspects to consider in decision-making for future treatments, specifically creating an Advance Decision to Refuse Treatment.

If you are considering creating an ADRT or updating an existing one, we encourage you to register your ADRT form with myADRT by visiting https://myadrt.com/register/  By registering with myADRT, you can ensure that your document is created, stored, and shared more efficiently with healthcare professionals and trusted individuals involved in your care.

Additionally, please consider sharing the myADRT service with your friends, family, or loved ones who may also benefit from having an ADRT in place. By spreading the word about this valuable service, you can help others take control of their future medical care and ensure their wishes are respected even when they are unable to communicate them personally. Registering an ADRT with myADRT is a proactive step towards peace of mind for both you and the people who care about you.