A Living Will is now known as an Advance Decision. It lets your carers, family and health professionals know your wishes about refusing a specific type of treatment if you’re unable to make or communicate those decisions yourself. For example, you can refuse a treatment that could potentially keep you alive, known as life-sustaining treatment, such as ventilation or CPR. An Advance Decision will only be used if, at some time in the future, you’re not able to make your own decisions about your treatment.
An Advance Decision is legally binding as long as it complies with the Mental Capacity Act, is valid (see below) and applies to the situation. If your Advance Decision is binding, it takes precedence over decisions made by other people acting in your best interest.
An Advance Decision may only be considered valid if:
- You are aged 18 or over and had the capacity to make, understand and communicate – your decision when you made it;
- you specify clearly which treatments you wish to refuse;
- you explain the circumstances in which you wish to refuse them;
- it is signed by you (and by a witness if you want to refuse life-sustaining treatment);
- you have made the Advance Decision of your own accord;
- you haven’t said or done anything that would contradict the Advance Decision since you made it.
Once you have made the Advance Decision, you should make sure that your family, carers or health and social care professionals know about it, and know where to find it quickly in case of an emergency. You do not have to show it to them if you don’t want to.
Claire Binyon, Head of Private Wealth, is a specialist in her field with extensive experience in dealing with wills, estate administration, trusts, powers of attorney and tax planning. She also advises on Court of Protection matters. Should you need a Will drafted, reviewed or require any legal advice regarding a Living Will contact her on +44(0)1483 451900 or alternatively make an online enquiry here and we will contact you.