How to make a Living Will

January 29, 2009 by Linda
Filed under Articles

Every adult with mental capacity has the right to agree to or refuse medical treatment. To make your advance wishes clear you can use a living will.

Living wills can include general statements about your wishes, which aren’t legally binding, and specific refusals of treatment called ‘advanced decisions’ or ‘advance directives’.

A general written statement (sometimes called an ‘advance statement’) can set out which treatments you feel you would or wouldn’t like to receive should you lose mental capacity in the future. Advance statements aren’t legally binding, but health professionals do have to take them into account when deciding on a course of action. Family and friends can also use them as evidence of your wishes.

You could also make your views known verbally, for example, when discussing treatment with a health care professional, but having it written down may make things clearer for everyone.

Your statement could include:

treatment you would be happy to have, and in what circumstances
treatment you would want, no matter how ill you are
treatment you would prefer not to have, and in what circumstances
someone you would like to be consulted about your treatment at the time a decision needs to be made
it can also include a specific refusal of treatment, which has a different legal status
if writing an advance statement, bear in mind that new drugs or treatments may be introduced in the future. So you could, for example, state that you would prefer not to receive certain current treatments but would allow for new treatments
include your name, address, date and signature
it’s also advisable to say you understand what you’re doing and are capable of making such decisions
get the statement signed by a witness who can say that you had capacity at the time

You can still make a living will if you’re diagnosed with a mental illness, as long as you can show that you understand the implications of what you’re doing. You need to be competent to make the decision in question, not necessarily to make other decisions.

It’s best to put your wishes in writing and explain:

why you’ve made your decision about how you do or don’t want to be treated
what you understand about the treatment you’re agreeing to or refusing
why you’re making these decisions now

It’s important that your living will is entered into your medical notes so that in an emergency it is found and acted upon. Consider sending a copy to your doctor and to any hospital which is treating you and to your nearest relatives. If your living will is verbal, make sure close relatives or friends are aware.

Consider reviewing your living will on a regular basis to make sure you’re happy with it and particularly if your situation changes.

You can change or cancel it if you are able to think rationally and clearly explain what you want to happen. Ideally, put things in writing and destroy old versions.

You can get help from solicitors specialising in mental health or community care. The Mind Legal Advice line (020 8519 2122, 2.00 pm to 4.30 pm, Mondays, Wednesdays, and Fridays), your care co-ordinator, doctor or Citizens Advice Bureau can also help.

Source: Directgov – public services all in one place

DIY Living Will Packs from Amazon

For use in the United States

For use in the United Kingdom