Advance statements. What it can do for you and how it works.
When the new Mental Health Act came into effect on 5th Oct 2005 it gave individuals the right to make a written statement about the treatment they would prefer to receive, or not receive, as a consequence of their mental health problems. This statement will come into effect if they become too unwell at some point in the future and are unable to make decisions for themselves.
Doctors and other people who are treating a patient for a mental disorder now have a duty to take your wishes into account when they are treating you. If you want to make an Advance Statement you must make it while you are well enough to state your preferences and it will only come into effect if you are too unwell to make decisions in the future.
To make your statement valid it must meet with certain criteria such as being signed and witnessed. When an Advance Statement is made it can be withdrawn and reviewed at a later date if you wish. If you decide that you want to make an Advance Statement you are strongly advised to consult with a health care professional/named person/advocate/solicitor or another individual you are close to before completing a statement. If you ask a professional to help you with this you are advised to ask them if they charge for their services.
The Scottish Government has produced a guide relating to Advance Statements.
An Advance Statement 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.