Legal pages - Living Wills





Information for Solicitors Legal Pages Whiplash Injury Physiotherapy/Chiropractic Setting up an advanced directive(Living will) Drafting a mental health crisis card

Legal pages

Living Wills - Advanced Medical Directive

There can be some confusion as to what a 'living will' is. The basic concept is actually quite simple. "The living will (also known as an 'advance directive') allows people to leave instructions about their possible medical treatment, in case there comes a time when they are no longer capable of making decisions or of communicating them. This usually occurs at the end of your life (although not exclusively so) and is specific as to how you want to be treated when you are not able to indicate your wishes. This may be either to forego treatment or to express your wish to continue receiving treatment.

The living will is not unlike a "power of attorney" that one appoints to manage their finances once they become incapacitated. The difference being a living will is a medical directive.

You do not need to have a lawyer to create a living will. It should be noted, though, that the legislation that applies to living wills can be quite complex and to avoid any legal strangleholds it may be advisable to have the assistance of a lawyer.

The living will appoints another person of your choosing to make the decisions that you cannot. This is commonly referred to as a 'proxy directive' or a 'durable medical power of attorney'. Alternatively you may just need your chosen person to list your instructions pertaining to the procedures that may need to be undertaken should you be unable to make decisions yourself at the time.

Be sure to distribute copies of your living will to your appointed 'proxy directive', your spouse or significant other and your doctor(s). It is advisable to carry some sort of notification card in your wallet that would instruct physicians that there is a living will in place. At which point they can contact your doctor(s) and/or family for a copy.

You may alter the contents of your living will at any time; be advised though, that you do need to destroy all the copies of the original to make it valid and to avoid any legal complications.

Although it is easy to think that some of us are too young to start considering our wills, it is a good idea to make a living will if you are over 18 years of age.

For further information go to: www.makingdecisions.org.uk

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