Lifetime Planning

Living Wills restricting medical treatment - FAQs

What are they?

A Living will, or Advance Directive, is a means by which a person can give instructions about what type of medical treatment they should receive in the event that they later lose the capacity to decide or communicate. Essentially, it allows them to continue to exercise autonomy and shape the end of their lives.

Is this a type of euthanasia?

No, euthanasia is illegal as its primary purpose is to actively cause or hasten death.

Are Living wills legally binding?

Whilst there is no legislation, a number of recent cases prove that when an informed and competent patient makes an advance decision to refuse specific treatments which would otherwise be given later, that refusal will be legally binding on doctors.

Where do I start?

A Living will is a very important document, which should be professionally drafted in the light of frank discussion with your GP or other medical advisor. Ideally they should be part of the continuing dialogue between you and your doctor.

Can I amend a Living will?

It is better to start the document afresh. In any event they should be reviewed at regular intervals and an indication of the document's continuing validity added by way of date stamp and signature.

How extreme can someone's wishes be?

In strictly defined circumstances, it is considered legally and ethically acceptable to withdraw artificial nutrition and hydration from a patient. The circumstances are limited to where the patient has permanently lost his or her sentience and awareness.

Who oversees cases where there is any doubt as to a patient's wishes?

If there is concern by any interested party or the medial team, guidance should be sort from the Official Solicitor who represents mentally incapacitated people in legal matters and may be able to advise the appropriate action, failing which a court opinion or declaratory statement may be required.

Please email Rod Smith at rodsmith@boltburdon.co.uk for information about our services, general advice or to subscribe to our weekly private client newsletter or phone him directly on 020 7288 4732.