Page 3 - Guide to Advance Directives

an earlier death. However, you should note that all appropriate palliative treatment for relieving pain etc.
would of course be continued if you followed the normal form of directive. (NB palliative treatment is
simply treatment relieving symptoms e.g. pain but which cannot cure the condition).

At the end of life relatives are consulted by doctors on these final medical decisions. This is can be very
stressful and difficult for relatives. A relative placed in this situation may feel troubled and even guilty over
any decision they make. However much of that stress and worry felt by relatives is removed when the
patient has made their wishes known in advance. The Advance Directive therefore can be a great comfort to
relatives as it allows doctors and relatives to go along with what the person wanted. If you think about it really
such a directive is as much a benefit to the family as to the person themselves. The medical profession,
particularly palliative care specialists working in hospices are very keen on more people to preparing
directives to help doctors and relatives alike.

Preparing an Advance Directive is quite straightforward. It simply is a document signed by someone – usually
prepared by a solicitor and witnessed by a solicitor – but not always. The document spells out the person’s
wishes clearly. At Caesar and Howie we recommend that clients make their next of kin and their welfare
attorney (assuming they have one) aware of the existence of the directive and what it says. We also strongly
recommend to clients that they prepare these documents when they are fit and well and way in advance of
any illness striking.

Probably in excess of 50% of pensioners in Scotland can get legal aid to prepare these documents usually
completely free.

Other Points

 an AD is revocable by anyone at any time whilst they have capacity

 even a verbal revocation would be accepted by a doctor

 an AD is not a legally binding document in Scotland but it would be very persuasive if challenged in
court say by a relative who wanted to overturn it

 an AD is usually be sent in first instance to client’s GP to be placed with medical records

 the welfare attorney or next of kin if no attorney should really be advised it exists – even if they do
not know its contents

 the normal AD only kicks in when a very extreme situation is reached and when the patient is
unaware of circumstances

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