The use of living wills is still quite scarce.  In short, a living will gives directions as to medical treatment if the person making the living will becomes seriously ill and incapable of making decisions regarding health care and treatment.  They are also known as advance directives. 

A typical living will provides that it takes effect if two registered medical practitioners are of the opinion that the patient is no longer capable of participating in or communicating to others decisions about his or her health care or treatment and is suffering from and will continue to suffer from certain specified medical conditions.  The types of medical conditions frequently covered are: physical illness from which there is no likelihood of recovery and it is so serious that life is nearing its end; permanent mental impairment (accompanied by a physical illness) which is so severe that the patient does not know what is happening to him; permanent unconsciousness with no likelihood of regaining consciousness.

The living will directs that certain medical treatment is not to be given in the circumstances described in the document.

It is not essential to discuss the living will with anybody before it is made but there is much to be said for talking it through with a doctor.

Living wills vary in the length and complexity.  A solicitor can help to phrase the living will in the way that you feel comfortable with.  On balance, it is better to get something on paper in draft form before discussing it with a doctor.

We believe that living wills, like powers of attorney (appointing somebody to act on your behalf should the need arise) will become increasingly commonplace.

For further information or for an appointment please contact our Probate team on 01328 863231.