The Law relating to a Living Will permits you - if you lose mental capacity in the future - to make:-

• A binding Advanced Decision to refuse life-sustaining treatment
• An Advance Statement setting out which treatments you would or wouldn't like to receive

Advanced Decisions:-

• Have the same effect as a refusal of treatment by a person with capacity
• The treatment cannot be given - otherwise the doctor might face civil liability or criminal prosecution

To be valid an Advance Decision must meet these criteria:-

• You have to be 18 or over and have the mental capacity to make it
• You need to specify the treatment to be refused
• You must specify the circumstances in which your refusal would apply
• You must state that the decision stands even if your life is at risk
• You must not have been under the influence or harassment from another party when making the decision 
• The decison must not have been modified (verbally or in writing) since it was made
• It must be in writing and be signed and witnessed (it can be signed by someone else at your direction)

Advanced Statements in Living Wills

Your advanced statement could include:-

• Treatment you would be happy to have, and in what circumstances
• Treatment you would want, in any circumstances
• Treatment you would prefer not to have, and in what circumstances
• Someone you would like to be consulted about your treatment when a decision needs to be made

You need to allow for the possibility that new drugs or treatments may be introduced in the future.

Please contact us to discuss how a Living Will can be drafted to meet your particular requirements.