What is a Living Will (also known as an Advance Decision)?
A Living Will is a statement you can make in advance indicating the medical and other treatment you would wish to receive, or not receive, if, at some time in the future you become mentally unable to make such decisions. It is often made to relieve both relatives and medical advisers of the burden of making difficult decisions on your behalf. It is not a Will in the accepted sense of the word. It does not appoint executors or dispose of property.
The Mental Capacity Act 2005 introduced major changes to the law relating to decision making for those who do not have the capacity to make decisions for themselves. It also introduced new provisions for those who do have such capacity now and want to prepare for a time in the future when they may not be able to make decisions for themselves.
The Act was the first statutory confirmation of the legal right of a competent individual over 18 to make an Advance Decision to refuse medical treatment in certain circumstances.
Why make a Living Will?
Understandably, many people are very worried about the medical treatment which they may be given if they are seriously ill and not able to make decisions for themselves. In particular, they are concerned that great efforts may be made to keep them alive in circumstances where they have no real prospect of what, to them, would be a meaningful recovery from their illness.
Making a Living Will gives you an opportunity to decide in advance the circumstances in which you would want to refuse medical treatment, knowing that your choices will be respected. This may be a great help to family and friends and also to the medical advisers who are treating you when these very difficult decisions have to be made.
A Living Will is also an opportunity for you to express wishes about other types of medical treatment, which you would or would not like to have, and to name one or more people whom you would like to be consulted about medical or health care decisions by the health professionals concerned.
How can Thomson & Bancks LLP help?
We can discuss the implications of a Living Will and the various options available to you in your personal circumstances. We can then prepare this for you to sign, which meets your individual requirements and is legally valid. There is an overlap between Living Wills and Welfare Lasting Powers of Attorney, and we can advise on the implications of these as well.
How much will it cost?
Please just ask us - an enquiry costs nothing! We understand professional costs are a major concern for clients. We are flexible and transparent, and provide various options to suit your needs.