Yes, an Advance Decision to Refuse Treatment (ADRT) is legally binding in the United Kingdom under the Mental Capacity Act 2005. This means that if a person has created an ADRT, health professionals must respect the decisions described within it, provided it meets certain requirements.

There are several conditions that an ADRT must meet to be legally binding. First, it must be clear and specific about the types of treatment to be refused and the circumstances under which this refusal would apply. Second, the person making the ADRT must have been 18 years of age or older and had full mental capacity at the time of creating it. Third, the ADRT must not have been influenced by any external pressure or influence from others.

Importantly, if an ADRT includes a decision to refuse life-sustaining treatment, there are additional requirements. It must be in writing, signed by the person making the ADRT, and witnessed. It must also include a clear statement that the person’s decision applies even if their life is at risk.

For an example, someone with a cardiac condition could make an ADRT indicating they don’t wish to be resuscitated (a treatment refusal) in the event of their heart stopping, also specifying this decision stands even if it threatens their life (a life-sustaining treatment refusal).

Remember, ADRTs must be communicated to the healthcare team to be effective. Services like myADRT can aid in this registration and sharing process. It’s also important to review the document regularly to ensure it continues to reflect the individual’s current wishes and circumstances.

Following the previous explanation about the legal binding nature of an Advance Decision to Refuse Treatment (ADRT), you might have subsequent questions such as:

1. What conditions must an ADRT meet to be legally binding?
   An ADRT is legally binding under the provisions of the Mental Capacity Act 2005, provided that it fulfills certain conditions. The person making the decision must be 18 years or older and must possess the capacity at the making of the ADRT. The decision must specify the exact medical treatments they want to refuse, and under what circumstances they would want those refusals to apply. If the decision includes refusal of life-sustaining treatment, it must be put in writing, signed and witnessed.

Example: If an individual wishes to refuse blood transfusion in any scenario, they should specify this clearly in their ADRT to ensure its legally binding nature.

2. Can an ADRT be overruled?
   An ADRT can be overruled if the medical treatment or the circumstances in the ADRT aren’t the ones the individual is currently facing. The ADRT can also be superseded if the person concerned has done something that may suggest a change of mind, or if newer treatments are available that weren’t available when the ADRT was made.

Example: If an individual has stated refusal of a certain chemotherapy regimen in their ADRT, but later appears to consent to it, medical professionals might conclude that they have changed their mind and hence, the ADRT could be overruled.

3. What happens if I change my mind after creating an ADRT?
   If you change your mind after creating an ADRT, you should communicate it to your healthcare team and your loved ones. The law upholds your right to withdraw or amend your ADRT at any time as long as you have the mental capacity to do so. It’s vital to destroy outdated copies of your ADRT and replace them with revised ones, or notify myADRT if you filled it online.

Example: If you initially decided to refuse dialysis in your ADRT but have since changed your mind, you can update your ADRT, notify your doctor and loved ones, and ensure that the updated document is accessible in an emergency.

4. Can my family or healthcare staff refuse to follow my ADRT?
   Your valid ADRT is legally binding and should be followed by your healthcare team and even your family members cannot overrule it. However, any doubt about the validity or applicability of the ADRT can lead to a decision to provide treatment until the matter is clarified, probably through a court decision if necessary. Hence, it’s essential that your ADRT is explicit, up-to-date, and widely circulated among your healthcare providers.

Example: Suppose your ADRT states refusal to mechanical ventilation under any circumstance. Even if your family want to keep you on it, they have no legal authority to override your preferences.

In conclusion, an ADRT is an essential part of managing your future treatment and it’s essential that it’s clear, up-to-date and known to those who might need to execute it in the future. Visit https://myadrt.com/ to create or update your ADRT.

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.