Creating an Advanced Decision to Refuse Medical Treatment Mental Capacity Assessment
Advanced Decision to Refuse Medical Treatment (ADRT) Mental Capacity Assessment
Expert Capacity Assessments for Living Wills and Medical Decisions
Arrange an ADRT Mental Capacity Assessment Today
Simply Social Work provides specialist mental capacity assessments to determine whether an individual can create a valid Advanced Decision to Refuse Medical Treatment (ADRT).
Our experienced social workers deliver independent, legally robust reports to support healthcare decisions, safeguarding, and potential legal scrutiny.
π Book an ADRT capacity assessment today
What Is an Advanced Decision to Refuse Medical Treatment (ADRT)?
An ADRT, sometimes known as a living will, is a legally recognised document that allows a person to:
- Refuse specific medical treatments in advance
- Set out their wishes if they later lose the ability to communicate
- Guide healthcare professionals in critical or emergency situations
For example, it may apply where a person is unconscious and unable to express their wishes.
β Healthcare professionals must be satisfied that the ADRT is valid and made with mental capacity before following it.
Why Is an ADRT Capacity Assessment Important?
An ADRT can include decisions about life-sustaining treatment, making capacity essential.
A professional assessment helps to:
- Confirm the ADRT is legally valid
- Provide independent evidence of mental capacity
- Prevent disputes or uncertainty in medical decision-making
- Ensure the personβs wishes are respected and followed
β If there is doubt about capacity, clinicians may proceed with treatment instead.
When Do You Need an ADRT Capacity Assessment?
You may require an assessment if:
- Creating an Advanced Decision (living will)
- Refusing specific or life-sustaining treatments
- There are concerns about capacity or vulnerability
- A solicitor or healthcare professional requires independent evidence
- There is a risk of future legal challenge
How Is Capacity to Create an ADRT Assessed?
Assessments are carried out under the Mental Capacity Act, ensuring a structured and legally compliant process.
We assess whether the person can:
- Understand the nature and purpose of an ADRT
- Comprehend the medical implications of refusal
- Weigh up risks, including potential consequences
- Communicate their decisions clearly
β Assessments are decision-specific, especially important where life-sustaining treatment is involved.
Our ADRT Assessment Process
1. Instruction and Preparation
We gather key information about:
- The proposed ADRT
- Relevant medical context
- Any concerns about capacity
2. Assessment Meeting
- Conducted face-to-face (or remotely where appropriate)
- At the person's home or somewhere familiar to ensure best practice
- Typically lasts 2β3 hours, reflecting the importance of the decision
- Includes detailed exploration of treatment decisions and consequences
3. Consultation with Support Networks
Where appropriate, we consult:
- Family members
- Healthcare professionals
- Legal representatives
4. Expert Report
We produce a detailed, legally robust report confirming capacity and supporting the ADRT.
What Happens If a Person Lacks Capacity?
If a person is assessed as lacking capacity:
- They cannot create a valid ADRT
- Their wishes and feelings are still recorded
- Medical professionals will make decisions in their best interests
The assessment still provides valuable insight to guide future care decisions.
Why Choose Simply Social Work?
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Experienced consultant social workers
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Thousands of mental capacity assessments completed since 2009 γ1-7acb9fγ
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Expertise in complex and high-risk decisions
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Independent, objective and court-ready reports
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Trusted by solicitors, healthcare professionals and families
We ensure assessments are thorough, sensitive and legally defensible.
Timescales and Urgent Assessments
- Assessment duration: 2β3 hours
- Report turnaround: typically within 28 days of instruction
- Urgent appointments available on request
Book an ADRT Capacity Assessment
We work with:
- Individuals and families
- Solicitors and legal professionals
- Healthcare providers and safeguarding teams
π Contact Simply Social Work today to arrange your ADRT assessment
Frequently Asked Questions (FAQ)
What is an ADRT?
An ADRT is a legal document that allows a person to refuse specific medical treatments in advance, including in life-threatening situations.
Why is capacity important for an ADRT?
Because it may involve refusal of life-saving treatment, professionals must confirm the person had full mental capacity when making the decision.
What happens if there is doubt about capacity?
Healthcare professionals may override the ADRT and provide treatment if capacity is uncertain.
How long does the assessment take?
Typically 2β3 hours, with a report completed within around 28 days of instruction.
Can the report be used in legal or medical settings?
Yes. Reports are independent, evidence-based and suitable for legal and clinical use.
