Creating a Living Will

Creating a living will gives you the opportunity to state if you have any preferences regarding medical treatment, should you become incapable of communicating your wishes in the future. The can help you to retain an element of control.

What is a Living Will and Why is it Important to Have One?

 A living will is also sometimes known as an ‘advance decision’ and is a document you would put together for future use if you were unable to communicate or make a medical decision by yourself but would want final say over the treatment you received.

A living will is legally binding where your healthcare is concerned, as long as it is valid, having been signed and witnessed. It is important for those who have specific wishes they would like to be adhered to in medical situations where they are unable to communicate. The living will only apply to the treatments and situations outlined in the document, stated by the individual who signed it. It doesn’t permit anyone else to make decisions that aren’t clearly written in the living will. In the eventuality of a medical situation that isn’t included in the living will, treatment in the best interest of the patient is decided by the treating doctor.

What to Include in a Living Will

 Before deciding what to include in a living will you might wish to discuss the details with your GP for their professional guidance and knowledge of your medical history, and to answer any questions you might have about the effect of any conditions you include in the living will. You don’t need the consent of your GP for your living will to be valid, but you might wish to ask them to sign the document to confirm that you were of sound mind when you signed the document.

Things you might include in a living will are as follows:

  • The right to refuse antibiotics.
  • The right to refuse ventilation.
  • The right to refuse CPR.
  • The right to refuse palliative care.
  • Clarity about the circumstances under which you might refuse the above.
  • Your consent to refuse treatment even if it could lead to your death.

You may also wish to discuss these choices with your family and friends, so they are prepared for the decisions you are making.

Creating a Living Will

To create a valid living will that outlines a refusal for potentially life-saving treatment you will need to put it in writing and have the document signed and witnessed, including the statement, ‘even if life is at risk as a result’. Our team of experienced solicitors are here to help you with creating a living will that is valid and applicable when you need it.

We recommend that after creating a living will that you regularly review it. The reason for this is that if your circumstances were to change after you signed the will, your living will may no longer be deemed valid or applicable.

Once your living will has been finalised and is valid and applicable, you might wish to distribute copies among your GP, next of kin and those involved in your care. If you have made a health and welfare LPA, it is wise to consult a solicitor to ensure that your LPA and living will don’t conflict one another. For more information regarding setting up lasting power of attorney, please visit the dedicated page. Our team of experienced solicitors are here to advise you.

Our wills, probate and trusts team is here to help.

Please call us to find out how we can help. We can talk on the phone or  arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs.

Alternatively, please contact us online and we’ll call you back when it’s convenient for you.