Advance Statements
An advance statement is only about the treatment you would prefer to receive, or not receive, for your mental disorder. It must be made while you are well enough to state your treatment preferences, and will only come into force if, in the future, you become too unwell to make decisions about your treatment for yourself.
If you have a mental disorder the Act gives you the right to make a written statement saying how you would like to be treated if you become too unwell in the future to make decisions yourself. It is not the same as a 'living will', which people sometimes use to say how they would like to be treated if they are dying. An advance statement is only about the treatment you would prefer to receive, or not receive, for your mental disorder. It must be made while you are well enough to state your treatment preferences, and will only come into force if, in the future, you become too unwell to make decisions about your treatment for yourself.
To be valid an advance statement must be in writing, signed, and witnessed according to the following criteria:
- At the time of making (or withdrawing) an advance statement, the person must have the capacity of properly intending the wishes specified in it;
- the advance statement must be in writing;
- it must be subscribed (signed) by the person making it;
- the person's subscription of it is witnessed by a person (the "witness" see note 8 below) who signs the statement as a witness to that subscription; and
- the witness certifies in writing on the document that, in their opinion, the person making the statement has the capacity referred to in paragraph (i) above.
- An advance statement may be withdrawn by the person who made it if-
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- at the time of making it the person has the capacity properly to intend to withdraw the statement; and
- it is made by means of a document written document which is signed and witnessed in the same way as the original statement (see the suggested style at the back of this guide).
An advance statement should set out the ways you would like to be treated for mental disorder, including any ways you would not like to be treated. It can include your wishes about medications, therapies and particular treatments, like ECT. It does not need to be typed, but it must be written clearly enough to be read by those who will be caring for you. A suggested style is included at the end of this guide but, as long as your statement meets the criteria listed at note 2 above it will be valid. It should also include
- your full name and address
- the name and full address of the witness, and how they qualify as a witness
- the date it was witnessed.
It will be helpful if you also attach to your advance statement a list containing, if you have them, the name and address of
- your named person
- your carer
- your general practitioner
- your guardian or welfare attorney.
