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Advance Decision Template UK: Living Will and Advance Statement Kit
An advance decision template (living will) and an advance statement for England and Wales, with the signing and witnessing steps the Mental Capacity Act 2005 sets for refusing life-sustaining treatment, a who-has-a-copy record and a card to carry.
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What’s included
- Advance decision to refuse treatment form, with space for each treatment and the circumstances
- The statement and witness block required for refusing life-sustaining treatment
- Advance statement form for your wishes, beliefs and care preferences
- Mental Capacity Act 2005 checklist: sections 24 and 25 in plain English
- Who-has-a-copy record, a card to carry and a review log
- How an advance decision and a lasting power of attorney fit together
- Editable Word document and print-ready PDF
Who it's for
- •Adults in England and Wales who want to refuse particular treatments in particular circumstances
- •People making a health and welfare lasting power of attorney who want their wishes written down too
- •Anyone who wants an advance decision and an advance statement in one consistent set
About this kit
An advance decision, often called a living will, is a decision you make now to refuse a specific medical treatment in the future, if you can no longer decide for yourself. The NHS says it is legally binding as long as it complies with the Mental Capacity Act, is valid and applies to the situation. An advance statement is different: it records your wider wishes and is not binding, but must be taken into account.
This kit contains a form for each. The advance decision form includes the statement the law requires if you are refusing life-sustaining treatment, a signature block for you, a block for someone signing at your direction, and a witness block. A checklist sets out the requirements of sections 24 and 25 of the Mental Capacity Act 2005 so you can tick each one off.
You do not have to pay for a form. Charities including Compassion in Dying and Alzheimer's Society publish free advance decision forms. This kit is for people who want both documents together with the signing checklist, a record of who holds a copy, a card to carry and a review log.
A lasting power of attorney for health and welfare made after your advance decision can override it, if it gives your attorney authority over the same treatment. The kit explains that rule. Talk to your GP before you finish an advance decision: this kit is not medical or legal advice.
This may not be right for you if…
- •Anyone under 18, or anyone who may lack capacity to make the decision now
- •People in Scotland or Northern Ireland, where the rules are different
- •Anyone wanting medical advice on which treatments to refuse: speak to your GP or care team
In these cases, we recommend speaking to a solicitor.
Advance decision, advance statement and lasting power of attorney
| Advance decision | Advance statement | Health and welfare LPA | |
|---|---|---|---|
| What it does | Refuses specific treatment in specified circumstances | Records wishes, beliefs and preferences | Appoints someone to decide for you |
| Legally binding? | Yes, if valid and applicable | No, but must be taken into account | The attorney decides, within their authority |
| Needs a witness? | Yes, for life-sustaining treatment | No | Yes, and it must be registered |
| In this kit? | Yes | Yes | No |
Source: NHS, Advance decision to refuse treatment (living will) (checked 12 November 2026)
Refusing life-sustaining treatment: what the Act requires
| Requirement | Mental Capacity Act 2005 |
|---|---|
| Made when you are 18 or over and have capacity | Section 24(1) |
| A statement that it applies even if life is at risk | Section 25(5) |
| In writing | Section 25(6)(a) |
| Signed by you, or by someone in your presence at your direction | Section 25(6)(b) |
| Signature made or acknowledged in front of a witness | Section 25(6)(c) |
| Witness signs in your presence | Section 25(6)(d) |
Source: Mental Capacity Act 2005, section 25, legislation.gov.uk (checked 12 November 2026)
Your questions answered
What is an advance decision?
An advance decision is a decision you make now to refuse a specific type of treatment at some time in the future, for when you can no longer decide yourself. It is sometimes called a living will. The treatments you are refusing must all be named, and you can say in which circumstances the refusal applies.
Is an advance decision legally binding?
The NHS says an advance decision is legally binding as long as it complies with the Mental Capacity Act, is valid and applies to the situation. If it is, it has the same effect as a decision made by a person with capacity, and those caring for you must follow it.
Does an advance decision need to be signed and witnessed?
If it refuses life-sustaining treatment, yes. The Mental Capacity Act 2005 requires it to be in writing, signed by you or by someone else in your presence at your direction, and signed by a witness in your presence. It must also state that it applies even if your life is at risk.
What is the difference between an advance decision and an advance statement?
An advance decision refuses specific treatment and can be legally binding. An advance statement sets down your preferences, wishes, beliefs and values about any aspect of your future care. The NHS says an advance statement is not legally binding, but anyone making decisions about your care must take it into account.
Can a lasting power of attorney override an advance decision?
Yes, a later one can. The Act says an advance decision is not valid if, under a lasting power of attorney created after it, you gave your attorney authority to give or refuse consent to the same treatment. The order in which you make the two documents therefore matters, and the kit explains how to check.
Are there free advance decision forms?
Yes. Charities including Compassion in Dying and Alzheimer's Society publish free advance decision forms, and some NHS trusts publish their own. You do not need to pay for one. This kit adds a matching advance statement, a signing checklist drawn from the Act, a copy record, a card to carry and a review log.
Is this legal or medical advice, and has a solicitor checked it?
No. These are self-help forms that you complete yourself. WillSafe is not a firm of solicitors or a medical service, the kit is not legal or medical advice, and it has not been reviewed by a solicitor or a clinician. Talk to your GP or care team before you finish an advance decision.
Can I get a refund if it is not what I need?
Yes, in full, within 30 days of purchase, provided you have not downloaded the files. Once the files have been downloaded they cannot be returned, although your statutory rights for faulty digital content are not affected. Download links last 7 days and are sent again free of charge if you ask.
Related reading
Free resources before you buy
- Free estate planning checklist a one-page PDF of what to gather first.
- Will health check check your existing will still works before adding to it.
- Estate planning & family articles the wider planning picture in plain English.
Self-help template, not legal advice. WillSafe UK is operated by Richard Wood, trading as WillSafe. We are not solicitors. Our products are self-help templates for England & Wales. For complex estates, speak to a qualified solicitor. See our full disclaimer.