Living Wills

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

An Advance Directive should be notified to others, in particular your G.P. and those close to you. In addition a copy should be placed in your files if you are chronically ill and being treated by a specialist for long periods.

Practical Implications

Once health care professionals know that an Advance Directive exists, they should make further enquiries as to the contents of it, before carrying out treatment. However they would not necessarily delay any emergency treatment, to look for a Directive if there was no clear indication that one exists.

If there is any doubt about the intention of the patient there is usually a presumption in favour of providing clinically appropriate treatment. Health care professionals who disregard the terms of a valid Refusal Directive may be legally liable, unless the refusal is of basic care (i.e. care to maintain bodily cleanliness or to alleviate severe pain or the provision of direct oral nutrition and hydration). While a valid refusal must be followed a patient has no right to insist on a specific procedure.

Enforceability

An Advance Directive is an aid to help relieve your medical advisors and your relatives of the burden of making difficult decisions on your behalf . But (with the exception of Refusal Directives) they are not legally binding, they are for guidance only.

How can we help?

We can discuss the implications of an Advance Directive so far as it relates to your personal circumstances and prepare the document for you, ensuring that copies are lodged with your G.P. and other relevant family members. We can also advise on the preparation of a Will and Power of Attorney - on which see our separate booklets.

How much will it cost?

At present our costs are likely to be in the region of £90.00 plus VAT subject to the matter proceeding in a straight forward manner.

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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.