An Expert Guide To Advance Care Planning for Seniors In 2025!

If you or someone you love is thinking ahead about future care, advance care planning gives you a way to set out what matters most — before a crisis forces rushed decisions. This guide explains what's involved in England, the legal documents you need to know, and how to start the conversation.
- Advance care planning means writing down your wishes for future medical and personal care, and choosing who should speak for you if you can't.
- The main legal tools in England are a lasting power of attorney (LPA) for health and welfare, and an Advance Decision to Refuse Treatment (ADRT).
- The Mental Capacity Act 2005 sets the rules: capacity is assumed unless proven otherwise, and decisions must reflect the person's best interests and known wishes.
- A plan isn't fixed — review it yearly or after any major change in health, and make sure your GP, family and attorney all have the current copy.
- Scotland, Wales and Northern Ireland have their own legal frameworks, so check local rules if you live outside England.
What is advance care planning?
Advance care planning is the process of thinking about, discussing, and recording your wishes for future health and personal care. It covers things like which treatments you would or wouldn't want, where you'd prefer to be cared for, and who should make decisions on your behalf if you lose the ability to do so yourself.
It isn't a single form. It's a conversation, backed up by one or more documents, that you can update as your circumstances change. Done well, it gives your family and care team a clear steer instead of a guess, at exactly the point when guessing is hardest.
Why does this matter for older people specifically?
Health and priorities shift as people age, and conditions like dementia can affect the ability to communicate wishes later on. Planning early — while you have full mental capacity — means your voice is captured before it's needed, not after. For families, a written plan removes the burden of guessing what a parent or partner "would have wanted" during an already difficult time.
The Alzheimer's Society recommends starting these conversations soon after a dementia diagnosis, while the person can still take part fully in decisions about their own future.
What documents make up an advance care plan in England?
Several distinct tools sit under the "advance care planning" umbrella. You don't need all of them, but it helps to understand what each one does.
Lasting power of attorney (health and welfare)
An LPA lets you appoint someone you trust — an "attorney" — to make health and care decisions for you if you lose capacity. This can include decisions about medical treatment, daily care routines, and where you live. You register it with the Office of the Public Guardian while you still have capacity. See GOV.UK's guidance on lasting power of attorney for the full process and forms.
Advance Decision to Refuse Treatment (ADRT)
An ADRT — sometimes still called a "living will" — is a legal document where you state which treatments you do not want in future, such as CPR or artificial ventilation, in specific circumstances. Unlike an LPA, it doesn't appoint anyone; it speaks for itself. To be valid, it must be clear, signed, and (for decisions about life-sustaining treatment) witnessed and explicit that it applies even if your life is at risk.
ReSPECT form
Many NHS trusts and GP practices now use a ReSPECT form (Recommended Summary Plan for Emergency Care and Treatment). It's completed with a clinician and records your priorities and realistic treatment recommendations for a future emergency, including whether CPR would be attempted. It sits alongside, not instead of, an ADRT or LPA.
Statement of wishes and preferences
This isn't legally binding but it's still valuable: a written note of what matters to you day to day — comfort, dignity, faith, family involvement — that helps carers and family make decisions in the spirit you'd want, even on matters an ADRT doesn't cover.
| Document | What it does | Legally binding? |
|---|---|---|
| LPA (health and welfare) | Appoints someone to make care and treatment decisions for you | Yes, once registered |
| ADRT | States treatments you refuse in future situations | Yes, if properly made |
| ReSPECT form | Clinical summary of priorities for emergency care | No, but guides clinicians |
| Statement of wishes | Records personal preferences and values | No, but informs best-interest decisions |
How does the Mental Capacity Act protect your wishes?
The Mental Capacity Act 2005 is the legal backbone of advance care planning in England and Wales. Its core principles are:
- Assume a person has capacity unless it's shown otherwise.
- Support people to make their own decisions before concluding they can't.
- Never treat an unwise decision as proof of incapacity.
- If someone lacks capacity, any decision made for them must be in their best interests.
- Choose the option that interferes least with their rights and freedom.
A valid ADRT or LPA carries direct legal weight under this Act: it removes guesswork by telling decision-makers exactly what you wanted, rather than leaving them to infer your "best interests" from scratch. The NHS social care and support guide has more on how capacity assessments and best-interest decisions work in practice.
How do you start the conversation with family?
Many people put this off simply because it feels awkward to raise. It gets easier once you frame it clearly.
- Pick a calm, unhurried moment — not during a crisis or hospital visit.
- Say plainly why you're raising it: "I want my care to reflect what matters to me, and I need your help with that."
- Be specific where you can — about particular treatments, where you'd want to be cared for, and who you trust to decide for you.
- Expect more than one conversation. Views can shift, and that's fine.
- Ask your GP or a hospital advance care planning nurse to help structure the discussion if it feels too big to tackle alone.
If dementia or another condition is part of the picture, Dementia UK's Admiral Nurses offer specialist support for these conversations, and Carers UK has practical guidance for the family members supporting a plan.
How do you put a plan in place, step by step?
- Reflect on your priorities. Think about what "quality of life" means to you, and which treatments you would or wouldn't want in various scenarios.
- Talk to your GP or care team. They can explain medical terms, discuss a ReSPECT form, and confirm you have capacity to make these decisions now.
- Set up an LPA for health and welfare. Choose an attorney who understands your values and is willing to advocate under pressure. Register it via GOV.UK.
- Write an ADRT if relevant. Be specific about which treatments and which circumstances it covers. Get it witnessed correctly.
- Share copies widely. Your GP practice, your attorney, close family, and (if relevant) your care home should all hold a current copy.
- Review the plan at least yearly, or after any diagnosis, hospital admission, or significant change in your wishes.
When should you review or change your plan?
Review your advance care plan:
- Every year, as a habit, even if nothing has changed.
- After a new diagnosis or a significant change in health.
- If your chosen attorney is no longer able or willing to act.
- After a house move, bereavement, or change in family circumstances.
You can change or cancel an ADRT or LPA at any time while you have capacity. Once changed, tell everyone holding a copy — an outdated plan in a GP file can cause real confusion in an emergency.
Does this work differently outside England?
This guide covers England. Scotland, Wales and Northern Ireland have separate legal frameworks for capacity and attorney powers — for example, Scotland uses the Adults with Incapacity Act rather than the Mental Capacity Act. If you live outside England, check the equivalent rules for your nation before relying on any document described here.
Frequently asked questions
What's the difference between an ADRT and an LPA for health and welfare?
An ADRT lets you refuse specific future treatments yourself, in advance, with no need for anyone else to interpret your wishes. An LPA instead appoints a person to make a broader range of health and care decisions on your behalf when you can't. Many people set up both, since they cover different situations.
Is an advance care plan legally binding?
A properly made ADRT and a registered LPA are both legally binding under the Mental Capacity Act 2005. A ReSPECT form and a general statement of wishes are not legally binding, but clinicians and family are expected to give them serious weight when working out someone's best interests.
Do you need a solicitor to make an advance care plan?
No. You can complete an LPA yourself using the GOV.UK forms, and many GP practices help patients complete an ADRT or ReSPECT form as part of routine care. A solicitor can help if your situation is complex, but it isn't a legal requirement.
What happens if you haven't made a plan and later lose capacity?
Decisions will be made in your best interests by your medical team, drawing on any known wishes, values and input from family. Without a written plan or LPA, this can take longer and cause disagreement among family members, which is exactly what advance planning aims to avoid.
Can you change your mind after making an ADRT?
Yes, at any time, as long as you still have capacity. Tell your GP and anyone else holding a copy straight away, and destroy or clearly mark the old version as withdrawn to avoid confusion later.
Where can I get help starting this process?
Your GP is a good first point of contact. For dementia-specific support, Alzheimer's Society and Dementia UK both offer guidance, and Age UK has broader advice on planning ahead for later life.
Find nursing homes
- Nursing homes in Greater London (188)
- Nursing homes in Hampshire (82)
- Nursing homes in Surrey (81)
- Nursing homes in West Yorkshire (76)
- Nursing homes in Kent (72)
More in End of life care guides
Sources
- Alzheimer's Society (alzheimers.org.uk)
- GOV.UK's guidance on lasting power of attorney (gov.uk)
- NHS social care and support guide (nhs.uk)
- Dementia UK's Admiral Nurses (dementiauk.org)
- Carers UK (carersuk.org)
- Alzheimer's Society (alzheimers.org.uk)
- Age UK (ageuk.org.uk)
Further reading
Keep reading
Need personal guidance?
Talk to an advisor
Our care experts are here to help you make the right choice — for free.
Keep up with care news
Which homes changed rating, what councils now pay, and the new guides, in one short weekly email. Free.


