What are living wills ?

A living Will is a form of formal legal expression of wishes should a person not be able to make decisions about their own treatment in the future. This mental incapacity can be as a result of degenerative mental conditions or equally through injury causing unconsciousness, stroke or temporary mental incapacity.

The concept of living wills comes from the Mental Capacity Act 2005 which enables such a statement to be made with legal authority as regards such matters as advance decisions about potentially refusing treatment, including where this would result in death.

If you have not made a living will and are mentally incapacitated, the medical staff treating you will make medical and legal decisions for you.

2 types of Living Wills

These are known as Advance decisions and Advance statements.

An advance decision is a decision to refuse treatment whereas an advance statement deals with any other wishes you may have about how you may wish to be treated short of refusing any treatment.

Of particular importance is the fact that only advance decisions are legally binding, advance statements are not but are to be taken into account when deciding what is in your best interests.