Editing Advance healthcare directive (section)

====England and Wales====
In [[England and Wales]], people may make an advance directive or appoint a [[healthcare proxy#UK legal situation|proxy]] under the [[Mental Capacity Act 2005]]. This is only for an advance refusal of treatment for when the person lacks mental capacity; to be legally binding, the advance decision must be specific about the treatment that is being refused and the circumstances in which the refusal will apply. To be valid, the person must have been competent and must have understood the decision when they signed the directive. Where the patient's advance decision relates to a refusal of life-prolonging treatment this must be recorded in writing and witnessed. Any advance refusal is legally binding providing that the patient is an adult, the patient was competent and properly informed when reaching the decision, it is clearly applicable to the present circumstances and there is no reason to believe that the patient has changed their mind. If an advance decision does not meet these criteria but appears to set out a clear indication of the patient's wishes, it will not be legally binding but should be taken into consideration in determining the patient's best interests.<ref>{{cite web|url=http://bma.org.uk/-/media/files/pdfs/practical%20advice%20at%20work/ethics/consenttoolkit_card9.pdf |title= BMA guidance|website=bma.org.uk}}</ref><ref>{{cite journal |last=Johnston |first=Carolyn |author2=Liddle, Jane|year=2007|title=The Mental Capacity Act 2005: a new framework for healthcare decision making|journal=Journal of Medical Ethics |volume=33|issue= 2|pages=94–97|url= |doi=10.1136/jme.2006.016972| pmid = 17264196 |pmc=2598235 }}</ref> In June 2010,  the Wealth Management Solicitors, Moore Blatch, announced that research showed demand for Living Wills had trebled in the two years previous, indicating the rising level of people concerned about the way in which their terminal illness will be managed.<ref>{{cite web |author=LONDON (June 10, 2010) |url=http://www.jlns.com/legal-wire/2010/06/10/demand-living-wills-trebles-last-two-years |title=Demand for Living Wills trebles in the last two years |publisher=JLNS |date=2010-06-10 |access-date=2010-06-23 |archive-url=https://web.archive.org/web/20100717033050/http://www.jlns.com/legal-wire/2010/06/10/demand-living-wills-trebles-last-two-years |archive-date=17 July 2010 |url-status=dead |df=dmy-all }}</ref>  According to the British Government, every adult with mental capacity has the right to agree to or refuse medical treatment.<ref>For the official guidance to doctors, see: [https://web.archive.org/web/20110809173247/http://www.gmc-uk.org/static/documents/content/End_of_life.pdf "Treatment and care towards the end of life: good practice in decision making"]. [[General Medical Council]], 2010.  Although addressed to doctors, the guidance may also provide helpful information to patients and the public; see, [http://www.gmc-uk.org/guidance/ethical_guidance/end_of_life_about_this_guidance.asp]. Retrieved 2011-01-05.</ref> To make their advance wishes clear, people can use a living will, which can include general statements about wishes, which are not legally binding, and specific refusals of treatment called "advance decisions" or "advance directives".<ref>{{cite web|url=http://www.direct.gov.uk/en/governmentcitizensandrights/death/preparation/dg_10029429 |title=How to make a living will : Directgov - Government, citizens and rights |publisher=Direct.gov.uk |access-date=2010-06-23 |url-status=dead |archive-url=https://web.archive.org/web/20090718011240/http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029429 |archive-date=2009-07-18 }}</ref>