A Living Will is a document which usually takes the form of a written statement setting out in advance what types of medical treatment the maker of the will does or does not desire to receive in specific circumstances should he or she be incapable of giving or refusing consent.

 

A living will must be signed whilst the maker is mentally competent.

Living Wills allow people to specify what treatment they want if they become mentally incompetent - if they develop dementia, for instance. The government is drawing up plans to give Living Wills legal force.

 

A Living Will is a document that sets out guidelines for dealing with life-sustaining medical procedures in the eventuality of the signatory’s sudden debilitation. A Living Will would, for example, inform medical staff not to provide extraordinary life-preserving procedures on their bodies if they are incapable of expressing themselves and suffering from an incurable and terminal condition.

 

A Living Will, which must be signed whilst you are mentally competent, is a document setting out the circumstances under which you would not want to receive life-prolonging medical treatment if you became seriously ill in the future and were incapable of making your own health care decisions. The document contains provision for details of your GP but it is not obligatory to discuss your Living Will in advance with him or her, although it may be helpful to do so.

 

Living Wills and the Law

Living Wills are not legally enforceable (in the UK) at present, but they can be considered by medical staff who are responsible for your care. Legislation going through Parliament may change this in future, so that Living Wills become legally enforceable.

However, a more appropriate solution may be to take out a Health and Welfare Lasting Power of Attorney (LPA). Please see our LPA section for details.

 

Living Wills.

Living Wills have been with us for some years now, but lawyers and doctors alike are unclear as to their status in law. Is a doctor obliged to follow the directions given by a patient in a Living Will? With the advance of medical science there is even greater potential for individuals to be “kept alive” without any real prospect of them being able to live for themselves at any time in the future. A Living Will could cover the patient’s wishes in such a difficult situation.

 

The difficulty that the medical profession have at the present time is that they do not know whether any document that is passed to them as the patient’s wishes, however it is worded or presented, in such a situation is legally binding on them. The current advice from the BMA is that “…where incompetent or unconscious patients have made a formal and specific statement applicable to the circumstances, doctors should regard it as potentially legally binding”.

The current view of the courts is that, subject to a number of important limitations and conditions an advance refusal of treatment may be enforceable, provided it can be clearly established that the patient understood the result of refusing treatment, and was capable of making such a decision, and the decision applies to the treatment in question. This certainly leaves room for doubt in many situations and places medical staff in a potentially very difficult position when confronted by such a situation.

 

Until such time as the Government do give statutory backing to Living Wills, the situation will remain unsure. However if you do wish to make a Living Will here are a few simple rules to follow:-

For more information on Living Wills visit the www.direct.gov.uk website.

 

If you would like more information about Living Wills, please contact one of our members who will be pleased to discuss them in greater detail.