Making decisions about your future care
The law relating to a Living Will permits you – if you lose mental capacity in the future – to make:
- A binding advance decision to refuse life-sustaining medical treatment; and/or
- An advance statement setting out which treatments you would or wouldn’t like to receive.
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Advance decisions in a Living Will
An advance decision has the same effect as a refusal of treatment by a person with capacity. Essentially, the treatment cannot be given – otherwise, the doctor might face civil liability or criminal prosecution.
To be valid an advance decision must meet the following criteria:
- You have to be 18 years old or over and have the mental capacity to make it.
- You need to specify the treatment to be refused.
- You must specify the circumstances in which your refusal would apply.
- You must state that the decision stands even if your life is at risk.
- You must not have been under the influence or harassment by another party when making the decision.
- The decision must not have been modified (verbally or in writing) since it was made.
- It must be in writing and be signed and witnessed (it can be signed by someone else at your direction).
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Advance statements in a Living Will
An advance statement can include:
- The treatment you would be happy to have, and in what circumstances.
- Treatment you would want, in any circumstances.
- The treatment you would prefer not to have, and in what circumstances.
- Someone you would like to be consulted about your treatment when a decision needs to be made.
You need to allow for the possibility that new drugs or treatments may be introduced in the future.
Living Wills – How we can help
At Nelsons, our expert team of Wills and Probate solicitors in Derby, Leicester and Nottingham, which is recommended by the independently researched publication, The Legal 500, can assist you with making a Living Will.
Our solicitors have many years of experience in assisting people in planning for later life and can advise you on how to make a Living Will that’s right for you and your wishes.
Our solicitors work closely with our Independent Financial Services and Investments Advisers, and can also advise on personal tax or inheritance disputes.