Living Wills
All adults who are capable of making an informed choice (known as mental capacity) have the right to accept or refuse medical treatment. For anyone facing a degenerative disease or terminal illness, there will be a point where they may no longer be able to direct or influence treatment they receive and will therefore have to rely on others to make decisions.. To avoid losing control over their own treatment, many people opt for a ‘Living Will’.
What is a living will?
Unlike a normal will, a living will does not lay out how the estate or finances of a person is to be dealt with. Rather, it deals with general statements about your wishes and specific instructions as to your preferred course of treatment. Living wills can help you to assist those around you in following your express wishes regarding the refusal of treatment, known as ‘advanced decisions’ or ‘advance directives’. This can be an important factor if you later lose the ability to make these decisions for yourself. It allows you to retain control over both your treatment, and, just as importantly, over your personal dignity as a patient.
Your doctors will follow your living will instructions unless they perceive a reason not to, such as lack of capacity or perceived misconceptions within the living will. They are obliged to take your express wishes into consideration when treating you, so a living will helps to clarify those wishes.
Do I need my Doctor to get involved?
It is also a good idea to have a doctor’s involvement in drawing up a living will if there is a particular medical issue that concerns you. If the doctors’ imprimatur is on the living will it is far more likely to be followed as it will leave little room for doubt in areas of mental capacity or medical understanding, as your doctor will have explained any implications regarding your specifications. This is particularly important if you have decided to specify that there are certain types of treatment that you would prefer not to be subjected to.
What should a living will include?
A living will is a signed, dated and witnessed written statement laying out your wishes. Although not legally binding, health officials will take them into consideration when deciding on a course of action. Your family and friends can use a living will as evidence of your express wishes. The statement should include:
- Treatment you are happy to receive and under what circumstances
- Treatment you definitely want, no matter how ill you are
- Someone you designate as a point of contact for discussions or decisions that need to be made in realtion to your treatment
- Treatment you would not want under any circumstances
- A specific refusal of treatment (but this may have legal implications)
If you are writing an advance statement, remember that although treatments may not be available now, medical advances may mean that new drugs or treatments are available in the future. So an addition to a living will could be that you would accept new treatments as they became available.
What else should a living will include?
It is advisable to state that you are fully aware of your situation and that you understand the implications of making a living will. If you are diagnosed with a mental illness such as depression, you can still make a living will as long as you can clearly demonstrate that you understand what you are doing and that you are capable of making such a decision. It is essential that you have a living will signed by a witness to verify this. You can also use a living will to explain:
- Why you’ve made the decision to create a living will
- What you understand about the treatment you may be refusing and your reasons for doing so
- Why you are making this decision now
What happens next?
Once you have made your living will, you can have it placed in your medical file. In an emergency, your medicos can have access your living will and act in accordance with your wishes. You can make copies and pass them to your doctor, solicitor and any relatives that are appropriate so that there is a common knowledge of your wishes.
You can renew a living will at any time, and it is wise to update it as your circumstances change or as new medical treatments develop. At Lawscape, we can ensure that your wishes are adhered to within the confines of the law. We’re experienced in dealing with living wills sensitively and ensuring your best interests are represented.
If you would like further information on living wills, get in touch now. Telephone Lawscape 01225 582582
