If you’re worried about losing mental capacity in the future and no longer having control over the type of medical treatment you receive, you may want to make a living Will.
A living Will – also called an advance decision to refuse treatment – allows you to set out instructions for your future healthcare.
Our living Wills solicitors are here to help you, contact our team today.
Who should consider making a living Will?
If you want to have some control over how you’re treated if you lose the capacity to communicate your wishes, it’s a good idea to make a Living Will.
It’s especially important if you feel strongly about when you’d wish to stop receiving life-sustaining treatment.
If you’re also making a Power of Attorney for your healthcare, you can make a Living Will as well. However, it’s very important to seek legal advice to check the terms of each don’t invalidate the other.
What can a living Will tell medical professionals?
You can use it to tell medical professionals:
- If there’s any type of treatment you don’t want to receive
- You want life-sustaining care to be withdrawn at a certain point
- Do not resuscitate in certain circumstances.
An Advance Decision is legally binding and must be respected by those providing your medical care.
You can also make something called a statement of preferences, also known as an advanced care plan. This isn’t legally binding, but your family, doctors, and carers may wish to take it into consideration when making decisions about your care.
Our solicitors can help you make a living Will to give you peace of mind for the future and make sure your loved ones know what you want. We’ve extensive experience helping people plan for later life and can advise you on how to make one that’s right for you and your wishes.
What makes a living Will legally binding?
To be legally binding, a Living Will must be:
- In writing
- Signed by you in the presence of a witness.
It must contain a clear statement that the treatment is not to be provided even if your life is at risk.
You can’t nominate a specific person to have authority with a Living Will, as this will invalidate it. If you want someone to have power over your healthcare decisions in future, you must make a Lasting Power of Attorney.
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