Advance Statement/Decision (England & Wales)

An Advance Statement or Decision, also called an Advance Directive, indicates your wish to refuse all or some forms of treatment if you lack mental capacity in the future.

With capacity, you have the right to refuse treatment and the Advance Statement has the same effect if you lack capacity. The treatment cannot be lawfully given without the doctor possibly facing a civil liability or criminal prosecution.

SigningShould you be in a position where you are subject to unwanted psychiatric treatment and/or hospitalisation, ensure that the person(s) attempting to treat or detain you are shown this signed and witnessed statement. Contact your lawyer immediately and any other persons in your confidence so they may come to your aid.

Such things as undetected physical illnesses, diseases and deficiencies can manifest as mental or behavioural symptoms which can be mistaken by emergency medical personal, hospital staff and others as ‘psychiatric’ illness. For this reason, during any attempt at involuntary hospitalisation or psychiatric treatment by another, repeatedly declare your desire for a clarification of your condition or physical health. Explain that you wish to have this statement abided by. However, do not physically resist or become aggressive. Demand to see a lawyer.

A copy of your signed statement should also be sent to the local or national branch of the Citizens Commission on Human Rights (CCHR). The National address is: CCHR UK, PO Box 188, East Grinstead, West Sussex RH19 4RB

Advance Statement form England & Wales