We can prepare a legally binding ‘Advance Directive’ (Living Will) which ensures that your wishes are carried out for withholding medical treatment in circumstances where you are not capable of giving doctors your own instructions.

What is the difference between an Advance Statement and a Living Will?

An Advance Statement is a general statement of your wishes and views. It allows you to state your preferences and indicate what treatment or care you would like to receive should you, in the future, be unable to decide or communicate your wishes for yourself.

It can include non medical things such as your food beliefs or preferences or whether you would prefer a bath to a shower.

It could reflect your religious or other beliefs and any aspects of life which you particularly value. It can help those involved in your care to know more about what is important to you.

It must be considered by the people providing your treatment when they determine what is in your best interests, but they are not legally bound to follow your wishes.

Advance statements can also be used to let the people treating you know who you would like to be consulted at a time a decision has to be made, if you are unable to make that decision yourself.

An Advance Directive (Living Will) to refuse treatment is the only type of living will which is legally binding.

An adult with mental capacity can refuse treatment for any reason, even
if this might lead to their death. However no one is able to insist that a particular medical treatment is given, if it conflicts with what the medical professionals providing the treatment conclude is in the patient’s best interests. This is why an Advance Directive can only be a refusal of treatment.

An Advance Directive to refuse treatment must indicate exactly what type of treatment you wish to refuse and should give as much detail as necessary about the circumstances under which this refusal would apply. It is not necessary to use precise medical terms, as long as it is clear what treatment is to be refused in what circumstances.

An Advance Directive can only be made by someone over age 18 who has the mental capacity to make the decision. This means they must be able to understand, weigh up and retain the relevant information in order to make the decision to refuse treatment; and they are then able to communicate that decision.

For further information or to make an appointment to discuss your requirements please telephone us on 01983 533938 or send an e-mail to: paul@pwsolicitor.co.uk