A Living Will, also known as an Advance Decision, is a way of recording what medical treatments you'd like at the end of your life, if you're not in a position to give that guidance yourself.
A Living Will gives guidance to your doctor and healthcare professionals, provides clarity and closure to your loved ones, prevents disagreements or conflicts amongst family members, and limits the emotional burden on your close family and friends at the time of your death.
It’s a legal document in which you record your decisions as to the medical treatment you wish to refuse in the event that you’re unable to communicate them yourself.
So, in other words, if you’re physically unable to express your wishes or aren’t of sound mind, including being unconscious, carers and doctors will be able to refer to your Living Will.
Before the instructions in your Living Will can be followed, two independent doctors must be in agreement about your condition and whether you’re able to effectively communicate your wishes.
What is an advance statement?
In an advance statement you’re able to clearly state your preferences and beliefs regarding your medical care, including if you wish to receive the maximum treatment available with the hope of recovery.
You can add where you’d like to be cared for, your religious beliefs, the people you’d like to visit you, your dietary requirements, and the people that you’d like to be consulted about your care.
Compared to a Living Will, an advance statement contains a lot more additional information about your care, rather than just your medical care.
Is a Living Will the same as a will?
A Living Will is not the same as a will. Firstly, a will takes legal effect upon death, whereas a Living Will gives instructions to your family and doctors about your medical treatment, should you become incapacitated.
Secondly a Living Will relates to health matters and medical treatment. A will, on the other hand, looks after your assets, estate, and other particulars.
How does a Living Will work?
The benefits of a Living Will are that it allows you to take control of your life, at a time when you may be unable to express what you want or how you feel. Doctors and healthcare professionals caring for you must respect your wishes, even when you’re not able to participate in decisions about treatment.
A Living Will also allows you to plan for a time when you might be unable to make decisions. Whether your ability to make decisions is lost slowly over time if, for example, you suffer from dementia, or very quickly, your wishes are clear.
If you’re living with a terminal illness, a time may come that your condition deteriorates, to a point where explaining your wishes is too stressful or difficult. Writing a Living Will will clarify what treatments you do or do not want to receive.
Who can make an advance decision?
Anyone can make an advance decision, as long as they have the mental capacity to make such decisions. Often, people ask for support from their clinician when writing their Living Will. Talking to a doctor or nurse is important, as they’ll be able to help you understand the consequences of your decisions.
If you decide to refuse life-sustaining treatment in the future, your Living Will must be written down, signed by you, and signed by a witness. If your refusal of the treatments means you might die as a result, you need to state this clearly in your advance decision.
Who should witness a Living Will?
It’s important to discuss your decision with a medical professional who knows your medical history and the risks of refusing specific treatments. You should also discuss it with your friends and family, so they understand your wishes.
A Living Will also needs to be reviewed regularly. The passing of time does not invalidate it, but a change in your circumstances could cast doubt on whether the document is still applicable.
Is a Living Will legally binding?
For a Living Will or advance decision to be legally binding it must be valid, apply to the situation, and comply with the Mental Capacity Act, which made advance decisions legally binding in England and Wales. In Scotland and Northern Ireland, a Living Will is NOT legally binding.
Who can override a Living Will?
A Living Will can be overridden if a Health and Welfare Lasting Power of Attorney, or LPA, is signed after the Living Will. On such an occasion, the Living Will would be rendered invalid.
Living Wills vs. LPAs: What’s the difference?
Both a Living Will and an LPA are legal documents that ensure your wishes are carried out when you cannot express them yourself. Where a Living Will records your decisions relating to treatment, a Lasting Power of Attorney gives a person or persons of your choice the power to make decisions relating to your finances and welfare.
Can I make my funeral wishes known in a Living Will?
You can add your funeral wishes to your Living Will if you want to, but funeral wishes in a Living Will are not legally binding under current law.
If you want to inform your family and friends of your wishes, there’s a much better way to do it. Pure Cremation’s Record of Wishes features contact details for you and your next of kin, as well as any special requests you might have.
How to make a Living Will?
There is no official format for a Living Will. However, the MyLivingWill service is free of charge as a non-profit organisation, and they can help you make plans now for end-of-life treatment.If you'd like to discuss the best way to plan for your future with a prepaid funeral plan, call our helpful team.