Living Wills

What is a Living Will? (also known as an Advance Directive)

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 and, unlike a will, it does not come into effect only on a death.

Three Different Types:

An Instruction Directive, which can either be a request (please provide treatment "X" if I am in "Y" condition) or a refusal (I refuse to have treatment "X" if I am in "Y" condition).

A Proxy Directive, under which you appoint someone to make health care decisions for you as and when you are incapable of deciding for yourself. Unfortunately as the Law presently stands this type of directive is not valid.

A Statement of General Belief, on various aspects of life and individual values. Although this type of statement does not contain a direction, it attempts to give information about the individual as an aid to deciding what he or she would want.

Format

• Advance Directives can take different forms. Oral statements may be valid but they would have to be supported by other evidence. The advantage of a written Directive is that there cannot be any ambiguity or uncertainty about your intentions.
• Clear and unambiguous language must be used and a Directive should be signed and witnessed.
• An Advance Directive should not be made under pressure but only after full and careful consideration. You can discuss the issues with us and possibly your G.P., relatives and close friends, so that you can make an informed choice, having regard to all the options.
• You should not rush into specifying a particular treatment for the future, when you have only recently received a diagnosis of a serious illnes, as you may be unduly influenced by others or understandably depressed.

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The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances.