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Legal planning

By Does Your Duck Quack

Advance care planning across the UK

Advance care planning across the UK: record what matters, who should be involved and which documents apply where you live.

Checked: 2 October 2026 · Next review: 2 April 2027 · Applies to: UK, with nation notes
How this guide was prepared

Purpose: rights guidance · Level: detailed

Checked by: Does Your Duck Quack. Sources are linked below; seek professional advice for individual circumstances.

The short answer

What to do first

Advance care planning across the UK: record what matters, who should be involved and which documents apply where you live.

Start here: Ask the person whether they want to plan now, which subjects feel useful and who they would like present. They can begin with an easy topic, such as who should be contacted or what helps them feel comfortable. Pause if the conversation becomes tiring or unwanted. A diagnosis or family concern does not give someone else permission to force a plan. Revisit the subject when the person is ready or when health, relationships or wishes change.

Visual guides

See the decision at a glance

Power of attorney across the UK
  1. England and WalesLasting Powers of Attorney can cover health and welfare, property and financial affairs, or both, after registration.
  2. ScotlandContinuing and welfare powers are created under Scottish law and registered with the Public Guardian.
  3. Northern IrelandEnduring Power of Attorney covers property and financial affairs; health and welfare decision law differs.

Scope of this guide

This guide helps you understand the options and questions to ask. It is not personal medical, legal or financial advice. Check the official sources for your nation and seek qualified help for high-stakes decisions.

Who this guide is for

People making a practical decision for themselves, or supporting someone with their agreement.

Advance care planning is a voluntary conversation about what matters to a person if illness or a future change makes communication harder. It can include values, preferred care, people to contact and treatments the person would or would not want. A plan is not a single form and does not mean giving up treatment. Legal documents differ across the UK; identify the nation and the decision involved before relying on a document’s effect.

What to prepare and ask for

1. Choose what to discuss and when

Ask the person whether they want to plan now, which subjects feel useful and who they would like present. They can begin with an easy topic, such as who should be contacted or what helps them feel comfortable. Pause if the conversation becomes tiring or unwanted. A diagnosis or family concern does not give someone else permission to force a plan. Revisit the subject when the person is ready or when health, relationships or wishes change.

2. Record values and practical preferences

Write down what gives the person comfort, what a good day looks like, important routines, communication needs, spiritual or cultural preferences and whom they trust. A useful record is clear enough to guide someone unfamiliar with the person, while leaving room for clinical judgement when circumstances change. State the date, the person’s own words where possible, who helped and where the current version is kept. Share it only with people and services the person agrees to involve.

3. Separate a care plan from a legal decision

A care plan or advance statement can explain wishes and guide conversations, but it may not have the same legal effect as a formal refusal of treatment or a power of attorney. Ask a clinician which document is being recorded and how it will be used. If the person wants to refuse a specific treatment in future, seek advice about the formal requirements in the relevant nation. Do not use a general statement as if it automatically settles every later clinical decision.

4. Check decision-making authority and scope

If the person wants someone else to make decisions if they cannot, ask what lawful appointment is available where they live and what it covers. Health and welfare decisions are distinct from property and financial matters. The appointed person may act only within the authority granted and when the relevant legal conditions are met. Use an independent solicitor or recognised advice service for complex assets, family disagreement or uncertainty; record who is authorised and how professionals can verify the document.

5. Make the plan findable and usable

Ask the person where the current plan should be kept and who may receive a copy, such as the GP, care team or chosen family contact. Tell people when a document is updated and remove clearly superseded versions where safe to do so. Keep the plan accessible during an urgent admission without placing private information where visitors can read it. Ask the clinician how any formal treatment decision will be recorded in the health record and recognised across services.

6. Review consent and changes over time

A person can change their mind, revise a preference or withdraw agreement to share information. Review the plan after a new diagnosis, change in relationships, move, altered treatment or simply when the person requests it. A past statement should be interpreted in context rather than used as a shortcut around a conversation the person can still have. If views conflict, ask the relevant clinician or legal adviser how to clarify the person’s current wishes and the document’s status.

Evidence and questions

Common questions

Is an advance care plan legally binding?

Not every part. A care plan or statement of wishes can help professionals understand what matters, but its legal status differs from a valid formal refusal of treatment or an appointed decision-maker. The terminology and requirements also differ among England, Wales, Scotland and Northern Ireland. Ask the relevant clinician what can be recorded in the health record and get legal advice before relying on a document for a specific treatment decision.

What is the difference between an advance statement and an advance decision?

An advance statement usually records values and preferences to guide future care. An advance decision is a formal refusal of specified treatment if the person later cannot decide, subject to nation-specific legal requirements. Similar terms are used differently across the UK, and Scotland has distinct terminology. Ask a clinician or solicitor to identify the document, its scope and how it will be recognised before signing or sharing it.

Can I appoint someone to make health decisions for me?

The available appointment depends on where you live and what kind of decision you mean. England and Wales have a health and welfare lasting power of attorney; Scotland and Northern Ireland use different arrangements and terminology. Property and finance authority is separate. Get advice from the relevant public service or solicitor so the document covers the decisions you intend and any formal registration steps are completed.

Can an advance plan be changed later?

Yes. People can review and update their preferences, and a person who can make the decision can express a different current choice. Tell people who hold an old copy when a document is changed, and ask the clinician to update the health record where appropriate. A formal legal document may have specific revocation or witnessing requirements, so check those before relying on an informal note to replace it.

When is a good time to start advance care planning?

There is no required diagnosis or single right moment. Some people prefer to talk while well; others wait until a particular decision becomes relevant. Ask permission, explain why the conversation may help, and let the person choose how much to cover. Planning is voluntary and can begin with practical details, such as who to contact, before moving to treatment choices or legal documents.

Before you act

Write down the outcome you want, the names and dates involved, and the evidence or documents you already have. Ask for important decisions, costs and next steps in writing. If information is unclear, ask which nation’s rules are being used and when the decision will be reviewed.

If there is a delay or disagreement

Keep a short factual record of calls, letters and missed actions. Ask for the responsible person, the written reasons, the complaints or review route and any deadline. Immediate health or safety risks should be escalated separately rather than waiting for a routine complaint.

Differences across the UK

England and Wales recognise advance decisions to refuse treatment when the legal requirements are met; advance statements of wishes are different and are not binding in the same way. Scotland uses anticipatory care planning and has its own legal terminology and processes; an advance statement can inform care but is not itself a binding treatment refusal. Northern Ireland has separate arrangements: an advance decision may apply to treatment, while an enduring power of attorney concerns property and financial affairs rather than health and welfare. Because these distinctions have legal consequences, use nation-specific advice.

Primary sources

The publisher checked this guide against the 6 official sources below. This is an editorial source check, not approval by a clinician, lawyer or benefits adviser.

Editorial note: By Does Your Duck Quack.