Passing on your money
Living wills explained
By Ian Robinson
Living wills explained
Find out about how to specify what kind of medical treatment you would and wouldn't want in the future through making a living will.
Some people may want to set out their wishes for the future if they become terminally ill, or in the event they need medical treatment but have lost the mental capacity to make those decisions.
In order to do this, you can make a living will.
What is a living will?
The term 'living will' can be divided into two categories:
An advance statement
This type of living will provides information on the level of medical treatment you want should you become terminally ill. It must be respected by healthcare professionals and could include some of the following:
- Where you would like to be cared for (at home or in a hospice)
- How your medical treatment might be affected by religious or spiritual beliefs
- How you might want to be treated in a home or hospice (such as whether you’d like to be bathed or showered).
An advance statement is not legally binding, but the NHS states that anyone in charge of your care must take your wishes into consideration through this statement. Record of an advance statement should be stored with your medical records.
Go further: Contact the Which? Legal Service - Sign up to Which? Legal today and get access to unlimited legal advice over the phone and email with our highly qualified legal team
An advance decision
If you want to refuse certain types of treatment in the future, you can write an advance decision, sometimes called an advance decision to refuse treatment. This enables you to dictate the terms of your treatment should you be physically unable to communicate them, due to an accident for example.
Within this document, you can be specific about the treatment you don't want to receive. You can also refuse treatment that may keep you alive, such as life support or CPR. You must be as clear as possible on the circumstances for your refusal of treatment.
Making an advance decision legally binding
Much like making a will, your advance decision must be written and signed by both you and a witness. It must comply with the Mental Capacity Act and once signed supersedes any decision taken by other people on your behalf.
The NHS suggests speaking a doctor or nurse about the treatment you want to avoid and the implications for doing so.
You have the final say on who sees the document, but you should make sure that your family, carers and/or health and social care professionals know about it, and know where to find it. You can keep a copy in your medical records.
- Last updated: June 2016
- Updated by: Ian Robinson