Abstract
This paper discusses the advance decision, which was the subject-matter of Re PW (Jehovah’s Witness: Validity of Advance Decision) [2021] EWCOP 52. An advance decision is basically a decision, made by a person with mental capacity, that they should not be given a particular medical treatment if they lack such capacity later. This paper considers and comments on some of the terms used to describe the advance decision, some principles relating to it, some arguments for and against it, whether it is revocable, and its standing in relation to the Mental Health Act 1983, as amended. Two limits of an advance decision (it is revocable and can be overridden by the Mental Health Act 1983, s 63) are exposed by the paper.
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