I WANT TO MAKE A LIVING WILL


Adrian Chambers - Law For LifeHello, My name is Adrian Chambers and I’m a solicitor with Law for Life. Welcome to our web pages relating to Wills. Making a will is one of those things that we know we should do but rarely get around to actually sorting out. We can help you make the will you want, using our on-line documents, quickly, easily and at low cost.

If you need legal help and advice about making a will then please call us on 0800 3 10 11 12 for a FREE NO OBLIGATION CHAT and we can arrange for one of our specialist solicitors to help and sort it all out for you.

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I WANT TO MAKE A LIVING WILL


HEALTHCARE ONLY A Living Will only relates to the provision of healthcare and does not allow any decisions to be made about financial matters.

WHY HAVE A LIVING WILL There are many good reasons for creating a Living Will. Here are a few reasons set out below to help you decide whether a Living Will is suitable for you.

FUTURE HEALTH PROBLEMS Sometimes your health in the future might deteriorate to the extent that it might affect your ability to make decisions about whether to refuse medical treatment in the future. If that happened then a Living Will may be of use.

PEACE OF MIND A properly made Living Will can provide you peace of mind, knowing that your family will not be subjected to any uncertainties or confusion over what difficult decisions that might need to be made in respect of you refusing to accept certain types of medical treatment in the future.

WHEN YOU CAN MAKE A LIVING WILL To make a Living Will you need to be:

Over 18

Have Full Mental Capacity (Of Sound Mind)

Not Be Influenced By Anyone Else

Have Signed a Legal Living Will document.

WHEN YOU CAN’T USE A LIVING WILL You cannot use a Living Will to:

Ask for Specific Medical Treatment

Do Anything Against the Law

Appoint Someone Else to Make Decisions.

THE LAW ON LIVING WILL The law covering Living Wills and Advance Directives is covered by the Mental Capacity Act 2005.

EXAMPLES OF LIVING WILLS A Living Will usually contain provisions relating to some of the following:

A Statement of your Values and Beliefs

Refusal of Artificial Life Support Treatment

Refusal of Tube Feeding

Refusal of CPR

Refusal of Treatment for Intervening Illness

Organ Donation Wishes.

BASIC DIFFERENCES BETWEEN A LIVING WILL AND A LASTING POWER OF ATTORNEY A Living Will simply deals with refusing certain types of heath care in the future and you cannot appoint another person to make those decisions for you.

A Health and Welfare Power of Attorney enables you to appoint an Attorney to make those decisions for you and it covers a more wider range of decisions over healthcare such as whether to consent to treatments (as well as refuse treatments).

MAKE A LIVING WILL NOW Use our document to create a ‘Living Will’, which is a document that sets out your wishes regarding health care and how you want to be treated if you become seriously ill and unable to make or communicate your own choices. Your wishes can be either that certain treatment should not be provided in specified circumstances (and these wishes can be binding on medical staff), or that you should be treated or cared for in a particular way (these wishes are not binding on medical staff but should be taken into account).

HEALTH AND WELFARE LASTING POWER OF ATTORNEY This is a more wide ranging document than a Living Will and could be a more suitable document to use than a Living Will. A Health and Welfare LPA enables you to appoint an Attorney who can then make decisions at the appropriate time in relation to whether to consent or refuse medical treatments, and in relation to your health and welfare generally. Therefore sometimes a Health and Welfare Lasting Power of Attorney is sometimes a better alternative document to use than a Living Will.

REVOKE A LIVING WILL This is a formal, written revocation of a Living Will. It would be appropriate where the directions given and the views expressed in a Living Will no longer reflect the maker’s wishes, and the maker does not wish to substitute a new Living Will. If it is desired to substitute a new Living Will in place of the old, the Living Will precedent should be used instead, as it contains a clause revoking any previous Living Wills.