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Living Wills

A Living Will is a record of a decision you have made in respect to your care to be used should you lose capacity.

Living Wills

Consult one of our experts about making a Living Will.

The term “Living Will” is misleading as in fact it is not applicable upon death at all. It is a document that is prepared to indicate your decisions in relation to medical treatment and is used when you no longer have the mental capacity to make those decisions yourself.

Living Wills are often known as an “Advanced Decision”. They will only be valid if certain criteria are complied with when they are made. The document can stipulate any treatment which you do not wish to have e.g. protracted life support. If you do not wish to have life sustaining treatment this will need to be documented formally with you signing before a witness

Living Wills are often confused with Lasting Powers of Attorney. It is imperative to understand that the Lasting Power of Attorney allows your appointed attorney to make decisions on your behalf. The living will documents your wishes whilst you have mental capacity to detail your decisions, to be applied later if you lose capacity. It can be useful to specify the basis of your expressed wishes, for example your religious beliefs.

If you have any questions or wish to discuss preparing a Living Will please contact us today.

Some frequently asked questions about Living Wills

Why do I need a living will ?
If you feel strongly that you do not wish to have certain medical treatment or procedures setting it out in a document signed and witnessed ensures your wishes are adhered to.
If I have a Lasting Power of Attorney for health and welfare is a living will still needed?
It is a matter for you to decide what it is you wish to achieve in these documents. Both are helpful to assist your family in providing the care you would wish to have at a time when you no longer have the capacity to make the decision. It is imperative to note if you have both there should not be conflict between the two documents.

Related areas of interest

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Our Living Wills team

Deborah Baxter

Deborah Baxter
Office: Ongar

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Baxter Harries @BaxterHarries - 19 Feb
Our new offices in Ongar are wheel chair accessible and easy to find. We are dementia friendly and happy to make sp……