Advance Directive/Decision (Living Will)
October 2007 (v2)
What is An Advance Decision or Living Will?
A practical way of planning ahead to ensure that a person’s
wishes are respected at a time when they are no longer capable of
making decisions or conveying their wishes about treatment.
The Law and Living Wills
A general principle of law and medical practice is that all
adults have a right to consent to treatment or to refuse medical
treatment.
You can nominate someone who should be consulted at the time a
decision has to be made. The views expressed by that person will be
considered by medical professionals although do not have legal
force. Under the Mental Capacity Act 2005 you can nominate a person
to take healthcare decisions on your behalf under a Lasting Power
of Attorney. An Advance Directive/Decision will still be valid
however unless the Lasting Power of Attorney was created after the
Advance Decision, and is valid/applicable in the circumstances. The
views of a person appointed under a Lasting Power of Attorney with
regard to healthcare decisions will have legal effect.
People under 18 are entitled to have their views taken into
account but can be overruled by a court or a person with parental
responsibility.
Who can make a Living Will?
Anyone over the age of 18 can make a Living Will. It is a way of
ensuring doctors do not give you certain medical treatments against
your wishes.
Why make a Living Will?
You can choose in advance the
circumstances in which you would want to discontinue medical
treatment. You can use a Living Will to specify which organs, if
any, you would like to donate after your death.
Who should I tell?
Although not obligatory, it is advisable to discuss your
intention to make a Living Will with a Healthcare professional in
the first instance. The existence of a Living Will and contact
person should be recorded in your medical records. If possible a
copy of the document should be kept with the medical records. It
is, however, your responsibility to let all the health
professionals treating you know about your Living Will, where it is
stored and who you would like them to consult if the time comes for
it to be used or revised. You should also share this information
with your family.
When is a Living Will used?
It is important to remember that a Living Will can only be
executed or your nominated person consulted if you are
incapacitated and are unable to communicate your views.
You can alter or cancel your Living Will at any time but it is
your responsibility to let your GP and anyone else concerned know
that you have done this.
How can I make a Living Will?
You can put your requirements in writing or use a specially
preprinted form. You can ask for help from an advocacy organization
such as Age Concern or the Alzheimer’s Society. This is important
since new legislation takes/took effect on 1 October 2007.
It is important that your Living Will is updated at least every
5 years.
Where can I get more information?
Several health and social care related organizations provide
these forms including:
Age Concern – Bath & NE Somerset
18, Kingsmead Square, Bath BA2 2AE
Telephone: 01225 466135
Email: age@concernbnes.freeserve.co.uk
Website: www.ageconcern.org.uk and
then click on ‘Information & Advice’
Alzheimer’s Society
Gordon House, 10 Greencoat Place, London SW1P 1PH Helpline 0845
300 0336
website www.alzheimers.org.uk
produces a free information sheet and guidance on preparing an
advance directive – Future medical treatment: advance statements
and advanced directives or living wills. This information sheet
together with a sample advance directive form can also be
downloaded as a pdf file from their website.
Patients Association
P.O. Box 935 Harrow Middx HA1 3YJ. Helpline 0845 608 4455
website: www.patients-association.com
produces a booklet: Living Wills – a guide for patients. This
booklet is free to download as a pdf file from their website.
Patient Information Leaflet: Advance Directive/Decision (Living
Wills)
