Living Wills
What Is a Living Will?
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A Living Will, also known as an Advance Decision, allows a person to set out in advance which medical treatments they do not wish to receive in the future, should they become unable to communicate those decisions for themselves.
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An Advance Decision to refuse treatment is legally binding. This means that healthcare professionals must follow it if the person lacks mental capacity at the relevant time, even if refusing treatment may result in death.
What Can an Advance Decision Cover?
An Advance Decision can be used to refuse specific medical treatments in clearly defined circumstances. It is possible to refuse a treatment in some situations but not others, provided this is set out with sufficient clarity.
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The treatments being refused, and the circumstances in which the refusal applies, must be clearly specified. An Advance Decision cannot be used to request treatment, nor can it be used to ask for life to be deliberately ended.
Discussing and Recording Your Wishes
Although this can be a difficult subject, many people find reassurance in knowing that their wishes will be respected and that their loved ones will not be left to make these decisions without guidance.
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It is strongly recommended that an Advance Decision is discussed with family members and healthcare professionals, so they are aware of its existence and understand the reasons behind it.
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A Living Will allows you to retain control over medical decisions even if you lose the ability to communicate.
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Formal Requirements
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Where an Advance Decision includes a refusal of life-sustaining treatment, it must:
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Be made in writing
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Be signed by the person making it
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Be witnessed
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Clearly state that the decision applies even if life is at risk
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Copies should be provided to close family members, the individual’s GP, and any relevant healthcare providers to ensure the decision can be followed when needed.
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Summary
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A Living Will allows you to retain control over medical decisions even if you lose the ability to communicate. When clearly drafted and properly recorded, it provides certainty, reduces distress for loved ones, and ensures that your wishes are respected.
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