As the fact stated, Laverne has also made an Advance Decision where she stated that in the event that she lost capacity in the future, she refused any form of life sustaining treatment. Advance decision is a decision instructing the refusal of specific type of treatments at some time in the future when the patient themselves lost the capacity and are not able to inform their family and health professionals. Section 24 to Section 26 of MCA governs the advance decision.
For an advance decision to be valid, there are number of requirements that need to be fulfilled in example, the patient age must be 18 or over and able to make, understand and communicate the decision. Also to clearly specify treatments refuse as referred in Section 24 (1), the decision must not be withdrawn as Section 25 (2) illustrated in the case of pre MCA, HE v A Hospital NHS Trust , and an advance decision concerning life sustaining treatment will have to be in writing and signed by the marker and also witnessed as Section 25 (6) . …show more content…
However, she did not have her advance decision written down and signed by herself and also signed by witnessed for situation concerning life-sustaining treatment. Thus, it makes her last year advance decision to be invalid since it did not satisfies the requirement concerning life sustaining treatment. Therefore her advance decision is considered invalid.

Setting aside the non validity of the advance decision as above, if Laverne can prove that she have the capacity, then her right to autonomy must be respected and the hospital cannot treat Laverne without her consent. She cannot be force to receive the treatment even though her own life depends on receiving the treatment as per the case of St. George’s Healthcare NHS Trust v