If someone aged 18 or above does not have mental capacity, then it is also lawful for them to stop receiving ongoing medical treatment even if that will eventually result in death. For example, someone in a permanent vegetative state can have life-sustaining treatment withdrawn, but only if their doctor judges it is in their ‘best interests’ to do so.

The notion of someone’s best interests is elusive, but it is well established that extending life is not always in someone’s best possible interests. To assist doctors, the Mental Capacity Act 2005 outlines the factors a doctor should consider when deciding someone’s best interests. These include: someone’s wishes and feelings both expressed at the time and before capacity was lost, the views of carers, family, or those with an interest in the person’s welfare, and other factors the person would likely consider themselves if they were able.

In order to avoid a circumstance where you might lose mental capacity and receive medical treatment that you’d don’t want, there are two legally binding options available:

Beyond this, it is also possible to state anything which would be important to your healthcare through a non-binding document, called an ‘Advance Statement’; as well as indicate if you would not like to receive cardiopulmonary resuscitation (CPR) through something called a ‘Do Not Attempt Resuscitate Decision’.