“Living will” describes a decision made in advance. According to the Mental Capacity Act 2005, an advance decision is a formal declaration that, if you lose capacity in the future, allows you to express your preference not to receive specific medical treatments in particular circumstances.
This article discusses when you may need a living will and how to write one.
When You Might Need One
Unexpected things can happen in life. For example, you might decline a blood transfusion if it goes against your religious beliefs, or decline resuscitation if you become too sick to make the decision later. You can make decisions in advance and are not required to use a solicitor. For it to be accepted, you must be at least eighteen years old and mentally capable at the time of creation.
It only becomes relevant if you are unable to make or express a decision in the future, such as after a stroke, an accident, or late-stage dementia. After you decide in advance, the statement is null and void if you later change your mind. An advance decision may be revoked or altered orally or in writing.
Writing A Living Will
Write down any treatments you would like to refuse and under what conditions, providing as much information as possible so that you may make an informed decision in advance. Make it clear if you choose to decline specific therapies, even if doing so could endanger your life.
If you can’t write it, someone else can. Date it, and if you cannot sign, have someone else sign it while you are there. It should also be signed and dated by a witness. Ensure your doctor, close friends and family know, and save it securely.
Your advance decision must be in writing and signed by a witness. A statement must be included stating that it applies to the specific treatment “even if life is at risk as a result” if it rejects life-sustaining treatment. Do not mistake an advance decision for a Lasting Power of Attorney or a standard will – they do different jobs.
Contact Letter of Administration for professional will and probate advice on 020 3985 9555.