Advance Directive / Living Wills

An Advance Directive/ Living Will is a document which sets out your medical wishes should you become incapacitated. Accident victims that end up trapped in a ‘persistent vegetative state' in hospital do not have the opportunity of telling the doctors what they want. A similar situation can arise in the later stages of terminal illness. A Living Will is designed to overcome this as it takes effect during the maker's lifetime, whereas a conventional will only takes effect after death.

In America , Advance Directive/‘Living Wills are becoming more common, though in Britain they are still rare. The legal effect of an Advance Directive/ Living Will is not yet known in Britain , however the British Medical Association supports the use of certain Advance Directive/ Living Will forms, and doctors must, in any case, take patients wishes into account. A directive can of course be altered at any time while you remain capable of doing so, just like an ordinary will.

In an Advance Directive/ Living Will you can also record any strongly held views regarding types of medical treatment or investigation. Perhaps you would only want drugs to relieve pain and suffering, instead of medical treatment that prolongs rather than improves life. You can also appoint someone as your ‘proxy' to contribute towards any vital medical decisions made by doctors. It does not deal with your property and effects; this should be covered in a conventional Will.

If you decide to make an Advance Directive/ Living Will, talk the matter over with a Solicitor who specialises in this area and also your doctor who can sign the form to show that such a discussion took place and that you were fully informed. If you are currently undergoing treatment for a serious condition, it is especially advisable. Make sure your family knows about it, can find it, and pass it to the Doctors should the need arise.

Please do not hesitate to contact Mark Burn or Claire Waterhouse in complete confidence if you wish to discuss any matters relating to this area.