What is a Living Will?

When you are diagnosed with a serious or terminal illness it can be overwhelming dealing with the impact of that news as well as realising that you need to put your affairs in order. Next of kin will need to be able to locate important papers to do with life insurance, valuables and assets. One thing that is being increasingly talked about is the option of making a living will.

When you become ill, you can usually discuss treatment options with your doctor and then reach a decision together about the most appropriate approach to take. However, you may be admitted to hospital when unconscious and unable to make your own decisions about your treatment. Similarly, you may be unable to communicate your wishes if you have had a stroke. To use the legal term – you would "lack mental capacity" to make an informed decision. In such situations, doctors have a duty to preserve life and a legal and ethical obligation to act in your best interests.

The Mental Capacity Act 2005 provides a legal framework to help empower people to make their own decisions and to make clear what actions carers and family can take. In other words, a living will is a document or letter written by yourself to your family, your doctors and solicitor. It is concerned with decisions that may have to be made about your treatment and hospital care if ever you yourself are unable to make those decisions.