A LIVING WILL? WHAT IS IT?

Is it a will? No. A living will is more properly known as an "advance directive". It allows you to leave instructions about your medical treatment in case a situation arose when you were no longer capable of making decisions yourself, or of communicating them.

What is it for? Many people fear that if they became very ill they might be given too much treatment where there is little or no chance of recovery, or given treatment which would leave them in a condition they could not cope with. A living will can show that, in the future, in certain specific cases, the patient does not want treatment which will prolong life, e.g. tube feeding or being kept alive indefinitely on a life support machine.

Is it legally binding? There is no specific law dealing with living wills. However, under common law a direction given when a person is mentally able, will have legal effect subject to a few other matters. It is a good idea to talk the matter over with your doctor first.

If you are a patient you cannot refuse basic treatment which is obviously needed in the circumstances and which is provided for all patients, such as basic hygiene, pain relief, the offer of food etc.

Why make one? When doctors are unsure about what treatment to give a patient who is not able to make a decision, a living will tells the doctors what the patient would have wanted if he or she had been conscious. However, an advance directive still has to be looked at to make sure it fits the circumstances of your illness.

Contact Philip Wallace or Andrew Croft for more details.

Solicitor services / Notary services / Philip Wallace / where to find us

Wallace & Co., Solicitors and Notaries. 11a Station Parade, Balham High Road, London, SW12 9AZ (entrance in Ravenstone Street).
Tel: 020 8675 6755. Fax: 020 8675 2001.
email:    Is available