| Is
an ADRT legally binding? |
Yes.
If an ADRT exists and is valid and applicable, it has to
be followed by everyone, as it is a legal document.
An
ADRT becomes active when a person loses capacity. A person
who has capacity continues to make their own decisions and
the ADRT they have made is inactive. |
| Can
a patient demand treatment? |
No
patient, whether or not he has capacity, has
the right, in law, to demand specific forms of medical
treatment and therefore no-one can insist, either
at the time or in advance, on being given treatments that
doctors consider to be clinically unnecessary, futile or
inappropriate.
Requests for specific forms of treatment or
expressions of wishes or preferences made
in advance by a person who subsequently lacks capacity
to consent to treatment must be taken into
account (in particular those that are expressed
in a relevant written statement) in deciding what treatment
would be in that person’s best interests. |
| Addition Information: ADRT
National Guide - page 5
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