Advance Decisions (Living Wills)

An Advance Decision is sometimes known as a Living Will, or an Advance Decision to refuse treatment. It is a way of legally recording your wishes dealing with the refusal of certain types of treatment in the future. It notifies your medical team, family and friends of your wishes regarding refusing treatment.

You can refuse life-sustaining treatments within an Advance Decision. For example, CPR, antibiotics or life support (ventilation). You cannot, however, compel anyone else to do something to you which could be construed as Voluntary Euthanasia.

A correctly drawn up Advance Decision is a legally binding document, as long as it is valid, is applicable to the situation, and is compliant with the Mental Capacity Act.  It is considered valid as long as the following applies;

  • You are over 18
  • You have capacity at the time of drafting
  • You have stated which treatments you wish to refuse
  • You have stated the situations in which you wish to refuse treatment
  • You have made the decision of your own accord

Additionally, if the Advance Decision refuses Life-Sustaining treatment, the following applies;

  • It must be written down
  • It must state that these are your wishes even if following them shortens, or puts at risk, your life
  • It must be signed and witnessed

To be considered ‘Applicable’ the following must be true;

  • You no longer have mental capacity. Whilst you do, your wishes in real-time will supercede any Advance Decision
  • Your circumstances are covered
  • The potential treatments are explicitly covered
  • There is no reason to believe that your wishes have changed

If you have a Lasting Power of Attorney or are drawing one up, you should send a copy of any Advance Decision with your LPA application.

We can prepare a valid Advance Decision and email it to you within 48 hours.  We would arrange a short telephone or face to face interview, record your wishes, and email you the document for signing and witnessing.  Our price for this service is just £39 – to be paid by Credit or Debit Card.  Complete the form below to book, or contact us if you have any questions.