Page 2 - Guide-to-Advance-Statements

GUIDE TO ADVANCE STATEMENTS

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides a framework for the compulsory
treatment and detention of people suffering from a mental disorder. The Act however seeks to give patients
various rights with Mental Health Tribunals and the Mental Welfare Commission for Scotland providing
safeguards for patients against the abuse of powers of compulsion. This is not the place to review the Act
itself but it is important to note that the Act is based on a set of principles which create various rights for
patients. One of these rights is for a person suffering from a mental disorder to be entitled to write an
Advance Statement which would normally influence any treatment or therapy received.

1. DOCUMENTS RELATINGTO HEALTH

There are a number of documents which relate to the health of people, medical treatments and the law.
This can be confusing and it is as well to try to differentiate these.

The main ones are:

AN ADVANCE DIRECTIVE – sometimes called a Living Will. This is a written statement by someone
outlining their wishes as to medical treatment and in particular the refusal of certain treatments in the
last stages of their lives.

AN ADVANCE CARE PLAN – this is a plan usually written by medical professionals in conjunction with the
patient charting the course of future medical treatment and related issues for a patient suffering a
terminal illness

A CARE PLAN – this is the term often used to describe future treatment plans relating to people with a
mental disorder. It is completely different from an advance care plan.

A STATEMENT OF VALUES – sometimes known as a personal statement or statement of wishes. This is a
written statement by someone for the benefit of their carers and doctors outlining likes and dislikes and
all things of importance to the writer. The idea is to help those making medical and other decisions to
come to decisions which are most likely to accord with the values of the writer.

AN ADVANCE STATEMENT ‐ this is a specific document recognized in the Mental Health (Care and
Treatment) (Scotland) Act 2003. This Act allows people with a mental disorder to make a written
statement, which has legal effect, as to how they would wish to be treated should they become too
unwell to make decisions for themselves. This statement refers to future treatment and does not relate
to terminal illness as an advance directive does. It is this document which is the subject of this guide.

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