- Fear medical intervention in the event of a severe accident or advanced illness?
- Worried whether you would have sufficient mental capacity to make your decisions about your future care?
- Would like to make a living will but don’t know how go about it?
A living will is often used to make an advance decision or statement about future care and whether or not you wish to decline medical treatment even if it could keep you alive.
You can use a solicitor to help you with drawing up a living will. This can be advantageous as they are able to advise you on how to draw up your document according to the law. Mylivingwill.mobi solicitors available through Solicitor Search Network will provide you with advice on advance decisions or statement concerning your future care in the event of you losing mental capacity through illness, accident or dementia. Your solicitor will help you decide whether to appoint someone to make decisions about medical treatment on your behalf however this requires a “Lasting Power of Attorney” and usually takes three months to complete. Your solicitor will check that you are fully aware of any financial implications your decisions may carry.
Having a solicitor with expertise in drawing up a living will means your advanced decisions are legally recognised and that all medical staff are legally obliged to fulfil your written instruction. Where doubt exists they are legally obliged to apply to the courts to determine if they can act on any decision as stated by you. An advance decision statement could include decisions about declining specific types of medical intervention, an explanation why you have reached these decisions and most importantly states that you have not been harassed or influenced in any way into any decision. Advance decisions (reference Directgov) are covered by the Mental Capacity Act 2005 becoming law in 2007.
The statement has to be laid out properly and signed by you. You will require a witness who states that you have discussed your intentions with someone whom you have known for more than two years. Using your solicitor as a witness will eliminate any doubt regarding your advanced decisions. Once complete you will need to make certain that your family, friends, any medical staff and/or carers and others are aware of your decisions.
