What is a living will?
A
living will (sometimes known as an advance directive) is a written
statement detailing your wishes regarding health care and how you wish to be
treated if you were to become seriously ill. Living wills come into force when
you are no longer able to communicate your own choices and can be useful if you
have not made a power of attorney. Living wills are legally binding under
the Mental Capacity Act 2005. This means that as long as a living will is valid
and applicable then any refusal to accept treatment set out within it is
legally binding in England and Wales.
Please
note that a living will is not the same as euthanasia, but a request in advance
to doctors not to give certain life-sustaining treatments.
Who can make a living will?
Anyone
who is aged 18 years or over and has the mental capacity to do so.
Does a living will need to be
signed and witnessed?
If
you are choosing to refuse life-sustaining treatment then this must be done in
writing and both you and at least one witness must sign it.
Advantages of a having a living will:
· A living will allows you to reject certain
medical treatment
· A living will allows doctors to know what
medical treatment you want and therefore they are more likely to give
appropriate treatment
· Living wills help medical professionals in
taking difficult decisions
· Your family and friends will not have to make
the difficult decisions
It
is essential that living wills are written correctly to ensure they comply with
legal requirements in order for them to be valid and acted upon should the need
arise.
An alternative to making a living will is to make a health and welfare lasting power of attorney. For more information please do not hesitate to contact us on 01992
422128.
www.gardenhousesolicitors.co.uk
Tel: 01992 422 128
Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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