 | An excerpt from Lawpack's Power of Attorney Kit . |
You can use a Living Will to communicate, in advance, your wishes to refuse any medical treatment you may receive in the future, in case it's not possible for you to express your preferences at the time.
Living Wills can be used in England & Wales, and Scotland. But in England & Wales a Living Will is also known as an Advance Decision.
A Living Will form can be used to refuse treatment you object to on religious grounds or for any other reason, and Living Will forms can be used to refuse treatment that is necessary to save your life ('life-sustaining treatment').
Living Will forms apply only to your health care and they cannot be used to make other decisions, such as those relating to your financial matters (including how any care should be paid for).
When a Living Will applies
To make a Living Will, you must be over 18 years of age.
Living Will forms only apply only when you're no longer able to make decisions regarding medical treatment for yourself.
The Living Will form applies only to the treatment specified within it and only in the circumstances specified. It's important that you're very clear as to precisely what treatment you're specifying in the Living Will form and in what circumstances you intend to refuse it.
Although you can use layperson's language, in some cases it will be worth consulting your doctor for the precise definition of the treatment you wish to refuse.
The Living Will form won't apply if there are reasonable grounds for believing that there are circumstances which you didn't anticipate at the time you made the Living Will form, and which would have affected your decision had you anticipated them.
Living Will forms can be used only to refuse treatment. Although they will be treated as evidence of your wishes, Living Will forms cannot be used to insist on a specific form of treatment being carried out.
A Living Will form cannot permit any form of euthanasia or assisted suicide. If you have made a Living Will form to refuse a specific treatment and it applies to the particular circumstances, your health care givers must honour it, even if they think that it's in your best interests for you to have the treatment.
If it's decided, for whatever reason, that your Living Will form doesn't apply, it may still be treated as an expression of your wishes and desires and to assess whether the treatment is in your best interests.
Communicating your Advance Decision
Living Will forms can apply only where the person providing your health care is aware of them. You should think carefully about where you keep the Living Will form and how it will be communicated to the relevant professional.
It may be necessary to have the Living Will form's existence recorded on your health care notes and a copy kept with those notes. If it's relevant, you may wish to carry a bracelet or card that draws attention to the existence of the Living Will. You should also consider making your family or friends aware of the existence of your Living Will form.
Updating your Living Will
It's recommended that you regularly review any Living Will form you have made and update it as appropriate. If you update your Living Will form regularly, it's more likely to be viewed as being applicable, if and when it's needed. If you wish to revoke or withdraw your Living Will, it's best that you do so in writing.
Stop worrying and make a Living Will today.
Further information
Article: The benefits of making a Living Will
Article: What does a power of attorney do?
Article: Eight reasons why you should be making a will
Article: The powers you can give with a Lasting Power of Attorney
Article: Choosing Attorneys for your power of attorney
Article: How to register a LPA
Article: Can I still use my Enduring Power of Attorney
Download: Living Will Form (England & Wales)
Download: Living Will Form (Scotland)
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