Living Wills
A Living Will is a document that sets out a person’s wishes regarding future medical treatment should they ever find themselves unable to communicate their own choices. While this is a sombre subject that many people do not like to think about, planning for the future is a wise decision, as it is the only way to ensure your wishes will be carried out.
What Is A Living Will?
Created under the Mental Capacity Act 2005, which came into practice in April 2007, a Living Will comprises of legally binding and non-legally binding wishes. The legally binding aspect of the document is called an ‘Advance Directive’ or an ‘Advance Decision’. This allows you to specify any treatment you would not want to receive in the future should you become incapacitated, including the refusal of treatment that you are likely to die without.
In the event that you do become unable to voice your requests, either due to a serious illness or disability, a Living Will is particularly helpful for both medical staff and loved ones who must make decisions on your behalf. By stipulating your decisions in advance, they can rest assured that the course of action they are following best reflects your wishes.
Can A Living Will Ever Be Overridden?
Even if a Living Will has been created, there are times when a decision regarding medical treatment will fall to a Doctor’s discretion, including:-
- Circumstances have arisen that you could not have anticipated that may have affected your opinion – eg. a new treatment has been developed;
- There is reason to suspect you have had a change of mindset – eg. a change in religious beliefs;
- You have been treated under the Mental Health Act, suggesting you were not mentally sound when you made the document;
- There is uncertainty about what should be done.
- Make requests for specific treatments;
- Ask for your life to be ended (although requesting to stop a treatment which may then result in death is permissible);
- Ask a Doctor to act against their professional opinion;
- Nominate another person to make decisions for you (although this can be done with a Lasting Power of Attorney).
- Be aged 18 or over and have full mental capacity;
- Make the document of your own free will;
- Explain treatments you would want to refuse, and to what circumstances refusal would apply;
- If refusal of life-sustaining treatment is included, it must be set down in writing, signed and witnessed;
- Not modify the document without legal authority, or express a contrary opinion (verbally or in writing) to the one recorded in the document.
Other Things A Living Will Can And Cannot Do
A Living Will can also allow you to set out other wishes that, while not legally binding, can let a Doctor know your preferences. For example, you can state that you would like any or all life-sustaining treatment to be attempted, therefore letting medical professionals know you want them to do everything in their power to keep you alive.
>However, a Living Will cannot:
Guidelines For Making A Living Will
To make a Living Will, you must:-
If you do wish to make a Living Will, you should speak to a legal expert for advice.
Contact Us About Lving Wills?
There is only one way to ensure that everyone you care for is taken care of at the same time as limiting the amount of Inheritance Tax that you have to pay, and that is to have a professionally drafted Will and some advice about the Inheritance Tax rules.
For immediate assistance please call us on 0121 236 7388 or make a quick Online Enquiry and we will soon be in touch with you.
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