specialist solicitors
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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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