Living Wills & Advanced Directives
If you have specific wishes about how you would like to be treated during your illness or at the end of your life then you should consider making a living will, sometimes called an advanced directive. Under UK law, you have the right to decide what type of medical treatment you want to have or to refuse treatment. However, if doctors don’t think you are of sound mind when you make the decision they can ignore you. As long as you are able to articulate what you want this is simple but towards the end of your life you may be unable to do so. If you want to be clear about what you want in a legally binding way then you need to prepare a written statement.
- An advanced directive or statement lays out what you wish to happen relating to medical treatment. You can’t tell a doctor to use a particular treatment and they can ignore the directive if they don’t think you were of sound mind when you made it. Some people make advanced directives regardless of whether they are currently ill or not. Living wills tend to deal specifically with care at the end of life; they do not give you the right to die.
- You can’t instruct a doctor to do something that would mean ending your life such as giving you an unnecessary drug or fatal dose of medication this is known as euthanasia. Although you can refuse invasive treatment doctors will continue to provide basic care including managing pain and nutrition through oral means such as nasal tubes as well as keeping you clean.
- Advanced directives and living wills don’t have to be complicated legal documents but they must be clear about your desires. It is therefore generally a good idea to let a solicitor check over the document. You can find a sample living will here.
- Think carefully about what you want at the end and how your decisions could affect others. These are your wishes and you have the right to decide what you want but if you fear they may distress others then it may be wise to discuss them in advance.
- Before making any decisions, talk to the medical professionals involved in your care and ask them what you can expect at the end.
- Any document must make it clear that you were competent at the time of signing. You should sign the document and have two other people witness it and sign to confirm you are of sound mind and voluntarily making the statement.
- You need to pass a copy of the living will to your doctor and keep a copy at home. Make sure you carry a card or note that indicates you have a living will and make sure friends and family know.
You can find more information on advanced directives and living wills at Direct Gov and the Patients Association.
