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Living Wills - the facts
 
We often receive enquiries about Living Wills, which are also referred to as Advanced Directives. The purpose of a Living Will is to make your wishes clear about your own medical care, should you for any reason be unable to communicate them in the future.

A Living Will is not about taking an active step to hasten one's death (euthanasia is illegal in this country) but it expresses a desire for life not to be prolonged unnecessarily. The medical profession has a duty to provide basic care, which includes oral nutrition and hydration.

You should discuss it with your GP and have it noted on your medical records. If you do make a Living Will, the fact that you have had this discussion will show that you were fully aware of the decisions that you took, should a dispute arise about your true wishes later.

You can always change the wishes stated in your Living Will and it is sensible to review it regularly, as you would a traditional Will. If you do alter the Living Will, you should destroy it and all copies of it.

Living Wills have been recognised by the Courts in this country for several years. But they require very careful drafting and we would recommend you take full professional advice, to ensure the document's validity.

A Living Will is only concerned with the medical treatment that you wish to receive while you are unable to communicate. It is not concerned with the disposal of your property after your death and you should also still have a traditional Will and, ideally, a Lasting Power of Attorney.

Since 1 October 2007 you can now make a Welfare Lasting Power of Attorney.  This can appoint a person to act as your healthcare proxy.  It can cover end of life decisions. 

 



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