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Looking Ahead

The medical wishes nobody has written down

Families are asked to make decisions on someone else's behalf under time pressure, usually with nothing recorded to guide them.

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The options around advance care preferences are set out side by side below, with the conditions that genuinely favour one over the other.

The difference in one place

  • Recorded wishes remove an impossible judgement from the family.
  • The legal weight of such documents varies substantially by country.
  • The conversation matters as much as the document itself.

Somebody will be asked, and it will be your family

When a person cannot express their own wishes, clinicians turn to those closest to them for a view about what that person would have wanted. Without anything recorded, the family is guessing, and different members frequently guess differently and passionately.

The decisions involved are among the hardest anyone makes, and they are made in corridors under time pressure. A written record does not make the situation easier emotionally, and it removes the burden of deciding what you would have wanted. That is the actual purpose of the exercise, and it is why it is worth the discomfort of starting it.

What these documents are called varies

Different countries use different terms and different legal structures for recording treatment preferences in advance. Some jurisdictions give certain refusals of treatment legal force, while others treat recorded wishes as guidance for clinicians and family. There are also mechanisms for appointing someone to make health decisions on your behalf, which is separate from financial authority.

The distinction between a binding instruction and an expression of preference matters and differs by system. This is territory where the specific arrangements in your country need checking rather than assuming.

The conversation does more than the form

A document covers the situations somebody anticipated, and real circumstances are frequently ones nobody wrote down. A family that has discussed the person's general attitude to treatment, independence and quality of life can extrapolate; one that has not cannot. That conversation also surfaces disagreement while the person is present to resolve it, rather than afterwards when they are not.

Put simply, raising it about yourself is usually the least confrontational route into discussing it with a parent. Once opened, most families find it far less difficult than they expected, and most wish they had done it sooner.

It connects to everything else

The same conversation naturally covers where documents are kept, who holds authority for financial matters and what the person's general intentions are. Health decisions and financial authority are usually granted through separate instruments, and having one does not confer the other. Families frequently discover during a crisis that they hold one and not the other, which creates immediate practical problems.

Doing both at the same time, with the same professional, is usually more efficient and less expensive.

It is also easier emotionally, since it is one difficult afternoon rather than several.

Tell people it exists

A document nobody can find at the relevant moment achieves nothing, and this is a common outcome. Clinicians need to know it exists, which in some systems means it should be recorded with a medical practice or a national register.

Family members and anyone appointed to act should know where it is and roughly what it says. A copy in a safe deposit box that only the person can access is the version that reliably fails. Reviewing it occasionally matters too, since views change with age, diagnosis and experience.

Do it before it is obviously necessary

These documents are hardest to make when they are most obviously needed, because a diagnosis changes the emotional weight of every question. Making them in ordinary health is straightforward, unremarkable and takes an afternoon. It also sets an example that makes it far easier to raise the subject with parents, siblings and adult children.

In practice, the households that do this describe relief rather than distress afterwards, which is not what most people anticipate. Nothing about it commits you to anything, since these can be reviewed and changed while you retain capacity.

Side by side

ConsiderationWhat it means in practice
Somebody will be asked, and it will be your familyRecorded wishes remove an impossible judgement from the family.
What these documents are called variesThe legal weight of such documents varies substantially by country.
The conversation does more than the formThe conversation matters as much as the document itself.

The takeaway

Record it, tell people where it is, and have the conversation that lets them fill in the gaps.

Small and repeatable beats ambitious and abandoned, almost every time.

Questions readers ask

Are recorded medical wishes legally binding?

It depends entirely on the country and on the type of document. Some jurisdictions give certain treatment refusals legal force; others treat recorded wishes as guidance. Check what applies where you live.

Is a conversation enough, or do I need a document?

Both do different work. The document covers anticipated situations; the conversation lets family extrapolate to the ones nobody wrote down, and resolves disagreement while you are there.

Looking Aheadadvance planninghealthfamilylater
Kwabena Mensah
Careers writer, Money After Thirty

Kwabena writes about earnings, job moves and what a pay rise is worth after tax.

Also by Kwabena Mensah