Advance Care Planning
Advance care planning is a voluntary process of discussion about future care between a person, their family, and healthcare professionals, enabling patients to express preferences and make legally binding advance decisions.
Key Facts
- Advance care planning (ACP) is a voluntary process of discussion about future care preferences and goals
- Advance Decision to Refuse Treatment (ADRT): legally binding under the Mental Capacity Act 2005; must be written, signed, and witnessed if refusing life-sustaining treatment
- Lasting Power of Attorney (LPA) for health and welfare: legal authority to make decisions on behalf of someone who lacks capacity; must be registered with the Office of the Public Guardian
- DNACPR (Do Not Attempt Cardiopulmonary Resuscitation): a clinical decision but should involve patient/family discussion; documented on ReSPECT form in most of England/Wales
- ReSPECT process: recommended summary plan for emergency care and treatment; replaces standalone DNACPR forms
- ACP discussions should be initiated early, when the patient has capacity - not left until crisis
- NICE NG97, NG31: recommend ACP discussions for patients with dementia and at end of life
- ACP does not include euthanasia or assisted dying (which remain illegal in England and Wales)
Overview
Key Facts
Advance care planning gives patients a voice in their future care, especially when they may lose the capacity to make or communicate decisions. It is a process, not a one-off event.
Epidemiology
- Only ~4% of the UK population have an ADRT
- ~10% have a registered health and welfare LPA
- ReSPECT forms now in use across most of England and Wales
- ACP is particularly important for: dementia, cancer, progressive neurological disease, frailty, COPD, heart failure
Aetiology
ACP is needed because:
- Many patients lose capacity before death (dementia, stroke, delirium, ICU admission)
- Without ACP, decisions are made by clinicians acting in patient's best interests (which may not align with patient's actual wishes)
- Reduces unwanted hospital admissions and interventions at end of life
Pathophysiology
Not applicable (ethical/legal framework rather than pathological process). However, ACP is underpinned by the Mental Capacity Act 2005 which provides the legal basis for advance decisions and proxy decision-making.
Clinical Presentation
When to Discuss ACP
- At diagnosis of life-limiting illness
- When moving to care home
- After significant deterioration or hospital admission
- When Surprise Question answer is "No" (would not be surprised if died in 12 months)
- At patient's request
- During routine reviews for long-term conditions
Components of ACP
- Patient's values, beliefs, and preferences
- Understanding of their condition and prognosis
- Preferred place of care and death
- Specific treatment preferences (e.g. hospital admission, ICU, ventilation)
- What matters most to the patient
- Naming a spokesperson/proxy
Red Flags
- Patient expressing strong views about future treatment without documented plan
- Conflict between family members about patient's wishes
- Patient with progressive illness and no ACP in place
- Healthcare professional making decisions without exploring patient's wishes
Differential Diagnosis
| Document | Legal Status | Scope |
|---|---|---|
| Advance statement | Not legally binding | General wishes and preferences |
| ADRT | Legally binding (if valid and applicable) | Specific refusal of treatment |
| LPA (health and welfare) | Legally binding when registered | Proxy decision-making |
| ReSPECT form | Clinical recommendation | Summary emergency care plan |
| DNACPR | Clinical decision | CPR decision only |
Diagnosis / Investigation
Bedside
- Capacity assessment (see Capacity Assessment topic): does the patient have capacity to make this decision now?
- Review of existing documents (ADRT, LPA, ReSPECT)
- Discussion with patient about values, wishes, and preferences
- Discussion with family/carers (with patient's consent)
Bloods
- Not applicable
Imaging
- Not applicable
Special Tests
- Not applicable (ACP is a communication process, not a diagnostic process)
Management
Non-pharmacological
- Initiate conversation: use open questions; explore what the patient understands about their condition
- Discuss: values, preferences, fears, goals of care, preferred place of death
- Document: in clinical records; create/update ADRT if requested; complete ReSPECT form
- Review regularly: ACP is a process; preferences may change over time
- Involve: family/carers (with consent), GP, specialist team, palliative care
- Support: written information, time to reflect, opportunity to revisit
Key Legal Documents
- Advance Decision to Refuse Treatment (ADRT):
- Must be made when patient has capacity
- Must specify the treatment being refused and circumstances
- Must be written, signed, and witnessed if refusing life-sustaining treatment
- Can be overridden by a more recent decision or if patient had capacity at the time
- Cannot request treatment (only refuse it)
- Lasting Power of Attorney (LPA) for Health and Welfare:
- Appoints a proxy (attorney) to make decisions when patient lacks capacity
- Must be registered with the Office of the Public Guardian
- Attorney must act in patient's best interests
- Can include authority for life-sustaining treatment decisions
- ReSPECT form:
- Recommended Summary Plan for Emergency Care and Treatment
- Completed with patient (or those close to them if lacking capacity)
- Includes CPR decision, clinical recommendations, patient preferences
- Travels with the patient (home, ambulance, hospital)
Pharmacological
- Not applicable
Surgical/Interventional
- Not applicable
Referral Criteria
- Complex ACP discussions: palliative care specialist
- Disputed capacity: request formal capacity assessment
- Disagreement between family and clinical team: mediation, clinical ethics committee
- Legal queries about ADRT/LPA: Trust legal department
Prognosis
- ACP improves: concordance between patient wishes and actual care received
- Reduces: unwanted hospital admissions and interventions
- Increases: likelihood of dying in preferred place (associated with better family bereavement outcomes)
- Patients with documented ACP: more likely to receive appropriate level of care at end of life
- ACP does not shorten life; it ensures care aligns with patient's values
Other Relevant Information
Comparison of ACP Documents
| Document | Who Creates | When Valid | Legally Binding | Scope |
|---|---|---|---|---|
| Advance statement | Patient | Any time | No (but must be considered) | General wishes |
| ADRT | Patient (with capacity) | When patient lacks capacity | Yes (if valid and applicable) | Refuses specific treatment |
| LPA (health) | Patient (registered OPG) | When patient lacks capacity | Yes | Proxy decision-maker |
| ReSPECT | Clinician with patient | Any time | No (clinical recommendation) | Emergency care preferences |
Mental Capacity Act 2005 - Key Principles
| Principle |
|---|
| 1. Assume capacity unless established otherwise |
| 2. Help the person make their own decision |
| 3. An unwise decision does not mean lack of capacity |
| 4. Decisions made for those lacking capacity must be in their best interests |
| 5. Least restrictive option |