Making decisions about your future care
At Nelsons, we understand the importance of making crucial decisions about your healthcare and end-of-life preferences. Our team in Derby, Leicester and Nottingham are here to provide you with compassionate legal assistance to ensure your wishes are respected and upheld.
What is a Living Will?
A Living Will, also known as an Advance Healthcare Directive, is a legal document that outlines your preferences for medical treatment in case you become unable to communicate your wishes.
It addresses critical decisions about life-sustaining treatments, organ donation, and other medical interventions.
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Advance decisions in a Living Will
An advance decision has the same effect as a refusal of treatment by a person with capacity. Essentially, the treatment cannot be given – otherwise, the doctor might face civil liability or criminal prosecution.
To be valid an advance decision must meet the following criteria:
- You have to be 18 years old 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 by another party when making the decision.
- The decision 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).
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Advance statements in a Living Will
An advance statement can include:
- The treatment you would be happy to have, and in what circumstances.
- Treatment you would want, in any circumstances.
- The 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.
Living Wills – How we can help
Our solicitors have many years of experience in assisting people in planning for later life and can advise you on how to make a Living Will that’s right for you and your wishes.
Our service includes:
- Personalised consultations – Our solicitors will meet with you to understand your unique circumstances, values, and medical preferences. We take the time to explain legal terms and implications, ensuring you make informed decisions.
- Document drafting and review – We assist in the preparation and drafting of your Living Will, ensuring it complies with the relevant legal requirements. Our solicitors also review existing documents to ensure they accurately reflect your current wishes.
- Updates and amendments – Life circumstances change, and so might your preferences. We offer services to update or amend your Living Will as needed, ensuring it reflects your current wishes accurately.
Our solicitors work closely with our Independent Financial Services and Investments Advisers, and can also advise on personal tax or inheritance disputes.
Why choose Nelsons?
- Expertise – Our team has a wealth of experience in estate planning. Our solicitors are also recommended by the independently researched publication, The Legal 500.
- Compassion – We approach every client with empathy and understanding, recognising the sensitivity of end-of-life decisions.
- Tailored solutions – Your circumstances are unique, and we provide personalised solutions that align with your values and preferences.
- Transparent fees – We believe in transparent and fair pricing, ensuring you know the costs upfront without hidden surprises.
Testimonials…
Contact us
To discuss how a Living Will can be drafted to meet your particular requirements, please contact a member of our expert Wills, Trusts and Probate team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form for a guaranteed response.