News | September 18, 2018

Ann Stanyer’s response to a reader’s question is published in Choice Magazine

The following was originally published by Choice, September 2018.

The Choice panel of experts answers your queries on tax, pensions, benefits, investment and the law.

Can I revise an Advance Statement?

Q: In August 2016 I made an Advanced Statement, lodged with my doctor and my family. In May 2017 I made a health and welfare Lasting Power of Attorney, which is registered and my doctor also has a copy. This includes the statement: “I prefer that decisions regarding my treatment and care, insofar as they don’t conflict with the above two preferences, are in line with my Advanced Statement.” Can I make a revision to my Advanced Statement, duly dated and lodged as before? If so, can I expect this revision to be taken rather than the one in force at the earlier time of making my LPA?

Charmaine Hast of Wedlake Bell replies:

A: My colleague Ann Stanyer, replies: An Advance Statement (also known as ‘Advance Decisions/Directives’) is a statement by an adult (who has full mental capacity) setting out a refusal of a specified medical treatment for a time in the future when they may lack the capacity to consent to or refuse that treatment. If valid, health care professionals must abide by the Advance Statement. It is acceptable to cross-refer to an earlier Advance Statement in your Lasting Power of Attorney
for Health and Welfare (‘your LPA’) and, indeed, this is preferable, to avoid confusion over which document is intended to prevail as they can both cover similar health care issues. A copy of the Advance Statement should be lodged with the Office of the Public Guardian (OPG) when the LPA is registered.

Click here to read the full Q and A.