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LIVING WILLS QUESTIONS AND ANSWERS
What is a Living Will?
A Living Will, sometimes referred to as an Advanced Directive or Advance Refusal, is a written statement allowing someone to indicate that in the event of terminal illness, mental incapacity or permanent unconsciousness, that they do not want their life to be prolonged by certain medical treatment or by artificial means.
The British Medical Association code of practice requires that valid Living Wills should be followed.
How does it Work?
The document can specify what treatment the patient wishes, or does not wish to receive. It can also appoint another person to take decisions on your behalf.
Before making your Living Will you should discuss it fully with your GP who can advise you on the effect of refusing treatment as Law4Elderly.com staff are not medically qualified and are therefore unable to do so. You may also want to chat to your friends and family before deciding to go ahead.
If you want to make a Living Will we can prepare the document for you to sign.
Once signed the Living Will original is stored with Law4Elderly.com and copies are given to you for you to keep at home, to give to your GP to store with your medical records, and for your family.
Why should I make a Living Will now?
You can only make a Living Will while you are mentally capable of understanding the document. It is therefore advisable to sign a Living Will now, so that your wishes can be carried out should you be incapable of expressing them.
What happens if I dont have a Living Will?
Without a Living Will, if you are unconscious or are mentally incapable of making decisions about your medical treatment, the medical profession will take the decision of what treatment they believe to be in your best interest, even if this is not what you would wish.
Additionally, the person legally entitled to take medical decisions on your behalf may not be the person you would want to make them. For example, if you have a partner and you are not married or Civil Partners, your partner is not your next of kin.
By having a Living Will you take control. You decide what treatment you would want and can give another person (a Health Care Proxy) authority to make decisions on your behalf.
Is the Living Will legally enforceable?
While at present, there is no statute governing the legal status of Living Wills, they are recognised under common law, and are therefore recognised as valid evidence of a persons wishes.
Is there anything a doctor will refuse to do?
A Living Will cannot require a doctor to:
- Provide you with a specific treatment
- Force a doctor to withhold treatment
- Require a doctor to actively cause or hasten your death
If any of the above is contrary to the law.
What if I change my mind?
You are entitled to change your mind about your Living Will at any time. You will need to contact Law4Elderly.com so that your Living Will can be revoked; contact your GP so that it is removed from your medical records; and notify anyone else who has a copy of your Living Will.
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