Living Wills

A Living Will is a term used for an Advanced Decision. It is a written statement setting out your wishes in relation to medical treatment should you become terminally ill or incapacitated.

A Living Will does not give someone the right to receive treatment preserving their life nor the right to receive treatment that will end their life, but it allows that person to choose what treatment they do not want to receive.

Advance Decisions are legally binding documents and health care professionals must follow them if they are valid and applicable to the situation. It is important, therefore, that your GP or treating Health Practitioner is aware of the existence of your Living Will.

Living Wills are more generally used when there is knowledge of a critical illness. A Living Will can help someone to prepare for the pending treatment of that condition.

 

Health and Welfare Attorneys

Where someone is looking generally at preparing for when they are older and considering putting something in place to cover welfare situations that may arise in the future, then it is appropriate to consider making a Health and Welfare Lasting Power of Attorney to appoint someone to make health and welfare decisions on your behalf should you lose mental capacity.

Situations that may give rise to a need for a Lasting Power of Attorney for Health and Welfare include:

• Where there is no family.
• Where a non-family member is their preferred choice.
• Where there is a mental health issue such as bi-polar that can come and go.
• Where one spouse is well and one spouse is in need of care and there is a dispute between the spouse who is not ill and social services.
• Where people want to make an advance decision - you can make a Living Will at the same time.
• Please take legal advice about the interplay between a Living Will and a Health & Welfare Lasting Power of Attorney.

For a consultation with a specialist Wills, Probate, Tax or Trusts Lawyer please call Holdens on 01524 32484 or contact us online.