What is an advance statement?

An advance statement is a written statement of a person’s wishes and preferences which should be taken into consideration when an individual loses mental capacity. It can include preferences about food, where one lives in the future, spiritual / religious beliefs and anything else that you may want to specify, and which are not applicable to an advance decision.

Even though an advance statement is not legally binding, the Mental Capacity Act 2005 states that ‘the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity) have to be taken into consideration when making a decision in the best interests of the individual.¹

Preferences can be included in an LPA, and if making an LPA, the attorney needs to be aware of the advance statement. An advance statement is helpful in guiding your attorney in making decisions that align with your wishes. To make an advance statement an individual needs to be over 18 and have mental capacity.

¹Mental Capacity Act 2005 s4 (6)