Living Wills

Are there scenarios or circumstances, that if you face, you would rather not receive treatment? Well, living wills, also known as advance decisions, provide a legal ground for you to express your wishes to refuse certain medical treatment in future.

They come into play when you lose the capacity to make or communicate your decision on receiving treatment. Hence, your loved ones are obligated to abide by your decision, even if it will lead to your death. Anyone who knows the content of your living will and disregards it can be taken to court.

The Structure of a Living Will

It should include details of the types of treatment you do not want to receive come what may. For example, you may opt not to receive CPR in case your heart stops, be put on a ventilator, be fed foods and drinks artificially or be given antibiotics.

However, as much as a living will gives you the freedom to dictate the types of treatment you do not want to receive, you cannot use it to:

  1. Ask for what is considered illegal such as requesting help to end your life.
  2. Refuse to be given food and drink through your mouth or be cleaned up.
  3. Give authority to someone else to make decisions about treatment on your behalf .
  4. Demand to be treated using particular types of treatment. This is because doctors are obligated to select the type of treatment that will best suit your condition at a given time.

How to Make a Living Will

In UK you must be above 18 years and of sound mind to make a living will. For its validity, It should be clear that no one harassed or coerced you into writing it. The will should include the medical situations and types of treatment you would not like to receive. Incase those kinds of treatment are life sustaining; you have to state that your refusal applies even if your life shall be in danger.

It is advisable to consult experts such as medical practitioners and lawyers to ensure your wishes are practical and according to the law. You should also share your decision with your loved ones to see what they think about it – maybe their reaction may change your mind.

Once you settle on what you want, fill your Advance Decision form, sign and date it in the presence of 2-3 witnesses who should also append their signatures. If you are not able to sign the form, you are allowed to ask someone else too sign it for you. However, you cannot have the same person as a witness. After satisfactorily filing the form, hand over a copy to all concerned parties including your family, GP and medical team.

Henceforth, you living will shall be legally binding and apply to the treatments you have refused and the medical conditions mentioned.

After creating a living will you may also want to include an advance statement. This is a document that expresses your likes and dislikes or anything that may make you more comfortable when unwell. Though it is not legally binding, it helps your loved ones know how you would like to be treated incase you are in a position where you cannot communicate your preferences. It may include information such as what you prefer in terms of diet, food, clothes, music, bed time, religion and values among others.

How Much Does a Living Will Cost?

You can either choose to make a living will by yourself or engage the services of a professional. The latter is more preferable as it will not only simplify your work but you will also acquire valuable advice. Most professionals within the UK charge will charge you between 70 Euros to 200 Euros.

When Should You Review and Update Your Living Will?

Sometimes a living will may be considered invalid if you wrote it a long time ago and;

  • The types of medical treatment have since changed
  • Your religion and beliefs have changed.
  • You became pregnant.
  • You made the will before the year 2007.
  • You changed your lawyer or moved houses
  • You have since made a Lasting Power of Attorney for Health and Welfare

Any of the above scenarios may raise doubts as to whether or not the living will still reflects your wishes. To avoid this, it is advisable to review and update it after every two years.

Takeaway;

Given that life is unpredictable, living wills help protect your interests and wishes in the event that you become terminally ill or cannot make decisions on medical treatment. As long as you meet the requirements mentioned above, medical practitioners are obligated not to provide any form of treatment you have refused – even if it will lead to your death.

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Having a Will is one of the most important things you can do for yourself and your family. Having a Will speeds up the process of administering your estate. This avoids a lengthy probate process and unnecessary delays.

It is the only way to ensure your money, property and possessions go to the right people when you die. It allows you to name an executor to make sure your affairs are handled by someone you can trust.

You decide what happens to your estate. This will not only legally safeguard your loved ones and protect your assets; it will also enable you to specify exactly how you would like things handled after your death.

Having a Will speeds up the process of administering your estate. This avoids a lengthy probate process and unnecessary delays. It will give your loved ones peace of mind and avoid any potential disputes, extra paperwork and legal issues.

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