For whatever reason, if you have a wish to refuse certain types of life prolonging treatment in the event of you being rendered physically incapable of refusing such treatment our Living Will package might well suit you. read more..
Free Will Storage:
Let us store your Will
Your Will should always be stored in a safe place and your Executors should always know where to find it. If you store your Will at home, it can easily get lost or damaged or even read by a family member against your will. If you write your Will using our any of our "Superior Plus"Will package, we will store your Will in our secure storage facility FREE of charge.. read more..
Without a Will:
If you die without a Will you are known to have died "Intestate". Without a Will, your Estate is divided amongst your family according to the Laws of Intestacy, and what this means is that the assets you have worked for all your life could pass on your death to people whom you never intended to inherit, and if you died with no living relations, everything you own could go to the Treasury! read more..
A Living Will or Advanced Directive or Advanced Decision as it is sometimes known, constitutes a written directive made in advance by you, that specifies your wish to refuse certain treatment that may prolong your life should you suffer a debilatating illness that will result in your death in any event. In simple terms, a Living Will effectively enables you to communicate in advance your wish not to receive medical treatment that you may have otherwise received had you been rendered physically incapable of refusing such treatment due to your illness or condition.
A Living Will can only be used as evidence of your wish to refuse medical treatment and your health care providers must honour the wishes contained in it. For this reason, it is very sensible to provide your GP with a copy of your wishes for him to retain with your medical records.
You may wish to refuse certain types of treament on religous grounds, for example you may not wish to receive an organ transplant or undergo a blood transfusion. In such cases, your Living Will would specify your refusal in advance to receive these treaments. You can decide if your Living Will should state that your wishes should be applied unless in the view of your health care providers that such treatment would be neccessary to save your life, or your Living Will could state that this type of treatments should be witheld in any event. It's up to you!
Whilst you can use simple everyday language to make a Living Will, in the interest of clarity and for the avoidance of all doubt, it may well be very adviseable to discuss the nature of your advanced decisions with your doctor in order for you to be able to utilise a precise medical term in the document.
To make a Living Will, you must be 18 years old or over and must full mental capacity to make the Advanced Directive as defined under the Mental Capacity Act 2005. Under the 2005 Act, the capacity to make a decision would involve being able to understand the information relevant to making the decision, be able to retain and evaluate that information, plus the ability to communicate your decision. It is always assumed that an individual has the capacity to make a decision unless it may be shown that they do not.
In practice, a Living Will only comes into force in cases where the individual lacks the capacity to make their own decisions and communicate the same to the health care providers with regard to consenting to or refusing specified treatment.
Unlike Lasting Powers of Attorney, no particular forms are perscribed and it is acceptable for laymans terminology to be used. A Living Will can be made verbally or in writing, but clearly it is highly recommended that you make a Living Will in writing.
Where your Advanced Decision is directed towards the refusal of life saving medical intervention, the Living Will is only applicable as long as:
- It is in writing
- Your Living Will contains a clear statement as to your wish that the decision to refuse a specific treatment even if your life is at risk
- Signed by you (or by somebody else at your request and in your presence)
- With your signature witnessed by an independant witness
- In your presence
Clearly, your Living Will can only apply if its existence is known. Apart from the obvious advice for you to discuss the terms of your Living Will with your GP and providing him with a copy of the same, it would be highly adviseable for you to carry a card that would draw a medical professionals attention to the fact that you have a Living Will in existance.
A Living Will can be revoked at any time by you. However, as outlined in the section above, you must have the capacity to do so under the Mental Capacity Act 2005.
On the assumption that you do have the Capacity to make the decision, your Living Will can be revoked in writing or even verbally. Shuold you decide to revoke your Living Will, it would be very prudent to revoke it with a written statement, and then advise your GP accordingly.
If you have made a Lasting Power of Attorney (Personal Welfare version) that has given your Attorney the power to make decisions on your behalf with regard to refusing or accepting medical treatment your Lasting Power of Attorney will take precedent over your Living Will.
Download A Will would be delighted to draft a Living Will for you. Our team would conduct a telephone interview with you as this service is not available online.
Our Living Will Package includes:
- Living Will tailored to your individual requirements
- Professionally printed on high quality paper
- Securely bound using tamperproof rivets
- Certified paper copy
- 2 x credit card sized laminated notification cards for keeping in your wallet or purse
For further assistance:
Email us: firstname.lastname@example.org