You may have already created a Will that sets out your wishes for after you die. But what about the decisions that may need to be made while you are still alive? It is difficult to think about, but a Living Will can help make your healthcare wishes clear if you are ever unable to speak for yourself. It can also make things easier for your loved ones, giving them guidance at a time when decisions about your care may feel especially hard.
A Living Will, also known as an Advance Decision, documents decisions about your care. It allows you to refuse certain medical treatment should you lose mental capacity or are unable to communicate.
In this guide, we explain what a Living Will is, why it matters, how it works alongside a Health & Welfare Lasting Power of Attorney, and when it should be reviewed.
If you would like help creating a Living Will, Redwood Financial can help. We are a top-rated, family-run firm with decades of experience in Estate Planning.
Get in touch today to ask a question or make an appointment with one of our friendly team.
What is a Living Will?
A Living Will is a legal document that records medical treatment you would want to refuse in certain circumstances.
It is also known as an Advance Decision, Advance Directive or Advance Decision to Refuse Treatment. It only applies if you no longer have mental capacity to make that decision yourself, or if you are unable to communicate your specific wishes.
For example, you may use a Living Will to refuse life-sustaining treatment, life support, CPR or another particular medical treatment in specific circumstances.
A Living Will is not the same as a Last Will (more commonly just called a Will). Your Last Will deals with your Estate after death. A Living Will deals with medical decisions during your lifetime.
Why is it important to have a Living Will?
A Living Will is important for 3 main reasons:
1. To protect your autonomy
Many people have strong views about treatments they may or may not want, such as CPR and life support. For some, it may be to prolong life as much as possible. Others may want to prioritise comfort and dignity. By creating a Living Will, you stay in control of your future medical treatment, even if you cannot speak for yourself.
2. To make your wishes legally binding
If your Living Will is made properly, it is legally binding on health professionals.
To make a Living Will legally valid, it must be:
made by someone over the age of 18
written down, signed and witnessed
made while they still have mental capacity
be clear about the specific treatment they want to refuse and when
3. To relieve the burden on your loved ones
Without a Living Will, your family may have to make a decision about treatment on your behalf. As well as you know each other, they may not understand your feelings about certain treatments.
It’s a big responsibility to make medical decisions for someone else, and it can be made even more stressful when family members disagree. A Living Will removes that pressure.
How does a Living Will (Advance Decision) work?
You make a Living Will while you still have mental capacity, and it only comes into play if you can no longer make decisions for yourself.
When that happens, the healthcare professional responsible for your care must first determine whether the document is valid and whether it applies to the treatment and circumstances in question. If so, they are legally bound to carry out your wishes.
This is why your family, GP, Attorneys and care team should all know where to find your Living Will.
What can a Living Will do/not do?
A Living Will can… | A Living Will cannot… |
|---|---|
Refuse specific medical treatment in certain circumstances. | Demand a specified treatment. |
Refuse life-sustaining treatment, such as CPR, ventilation or life support. | Require doctors to provide treatment they do not consider appropriate. |
Refuse antibiotics for a life-threatening infection. | Ask anyone to do anything unlawful. |
Refuse artificial nutrition and hydration, if the wording is clear and legally valid. | Refuse basic treatment, such as warmth, shelter, hygiene support, or food and drink offered by mouth. |
Set out your wishes if you lose mental capacity or cannot communicate. | Appoint someone to make decisions for you (that is the purpose of a Lasting Power of Attorney). |
Give doctors and loved ones clear guidance about treatment you do not want. | Cover wider care decisions, such as where you live, who cares for you, or your daily routine. |
Who should make a Living Will?
Some people start thinking about making a Living Will after a life-changing diagnosis, a decline in health, or if someone close to them dies of a terminal illness. But you need not wait for a crisis. A Living Will can give you valuable peace of mind at any time.
It’s definitely worth considering if you have strong views about future care, life-sustaining measures, medical treatment or the circumstances in which you would not want your life to be prolonged.
At Redwood, we usually suggest considering a Living Will when our clients create a Health and Welfare LPA.
Why it’s important to regularly review your Living Will
Over time, your health may change. There may be advances in certain medical treatments. Your family status may evolve. All of these might change your views on future treatment decisions. So it’s important not to write your Living Will and forget about it.
Who should I tell about my Living Will (Advance Decision)?
A Living Will is only useful if the right people know about it. Your family, close friends, appointed Attorneys, GP and anyone else likely to be involved in your medical care should know it exists and where to find a copy.
It is also sensible to speak to your GP before completing your Living Will, so they can help you understand the likely effect of refusing particular medical treatment.
You are not legally required to ask your doctor for advice or have them witness your Living Will. However, a note from your GP confirming that you had mental capacity when you signed it can be helpful if the document is later questioned.
How does a Living Will work alongside a Health & Welfare LPA?
A Living Will and a Health & Welfare LPA work together, but they do different things.
Your Living Will records specific medical treatments you want to refuse if you can no longer communicate your wishes properly.
A Health & Welfare LPA lets your chosen Attorney make wider decisions about your care, such as where you live, your daily routine and, if authorised, certain medical treatment decisions.
It is important to make sure the two documents do not conflict. Depending on when they were made and what they say, one may take precedence over the other for decisions about life-sustaining treatment. This is why it is sensible to seek professional advice and ensure both documents are drafted so they work together.
Read more here – What’s the difference between a Health and Welfare LPA and a Living Will?
Who can help me write a Living Will?
You can write a Living Will yourself, as long as it is clear, specific and meets the legal requirements. But for many people, having it drawn up by a professional provides greater peace of mind about its legal binding.
The following professionals can help you draft a Living Will:
A Solicitor
A professional Will Writer / Estate Planner – although ensure they are a member of a recognised body, like the Society of Will Writers (SWW), like Redwood Financial.
You can also seek the advice of certain bodies and professionals before making your decisions, such as:
A health professional
Your GP or consultant can explain the medical impact of refusing certain treatments, helping you make informed choices based on your health and medical history.Charities such as Age UK and the Alzheimer’s Society offer guidance and support for later-life planning, to help make the process feel less daunting.
Write your Living Will with Redwood Financial
At Redwood Financial, we help families think through the practical, personal and legal side of planning for the future. That includes all aspects of later life and Estate Planning, such as Wills, Trusts, and Lasting Powers of Attorney (LPA).
We also offer a free Wills, Trusts & Estate Planning Webinar, as well as a complimentary Will Review Service for those who already have documents in place.
Contact us today to ask a question or make an appointment.
Frequently asked questions about Living Wills
A Living Will is not the same as a Last Will (most often just called a Will).
A Will explains what should happen after your death, including who inherits, who manages your Estate and your funeral wishes.
A Living Will applies while you are alive. It officially records the medical treatment you would want to refuse if you lose mental capacity or become unable to communicate.
An Advance Directive, Advance Decision, Advance Decision to Refuse Treatment (ADRT) and Living Will are often used to describe the same document. If valid and applicable, it is legally binding and allows you to refuse certain medical treatment in the future if you become unable to make or communicate that decision yourself.
An Advance Statement is different to an Advance Directive (Living Will). It records your wider wishes and preferences, such as where you would like to receive care, dietary requirements, religious wishes or daily routines. It is not legally binding, but it provides guidance to loved ones or healthcare providers to make decisions in your best interests.
An Advance Decision is legally binding as long as it is made by someone over 18 of sound mind, is written down, and is signed and witnessed. It must clearly state your wishes to refuse specific medication if your life is at risk, e.g., CPR, life support.
A Health & Welfare LPA is similar in purpose to what some people call a healthcare proxy, but the correct legal document in England and Wales is a Health & Welfare Lasting Power of Attorney.
