A living will is the term used for a document covering a decision in relation to medical treatment in case you do not have the mental capacity to make the decision at the time in question. This document is not legally binding but normally would be taken into account by the professionals looking after you as part of any decision concerning your treatment.
An Advance Directive is a legally binding document which sets out what kinds of treatment you do not want in case you lack the capacity to make the decision at the time in question. Professionals should follow a valid Advance Directive.
The Advance Directive can be made to work alongside a Health & Welfare Lasting Power of Attorney. The Health & Welfare Lasting Power of Attorney enables your Attorneys to make decisions when you no longer have the capacity to do so. You can give your Attorneys the power to decide to consent or refuse life sustaining treatment and in the document provide guidance for your Attorneys of your wishes. Your Attorneys can also make decisions about your care at home or in a care home and day to day decisions e.g. about diet. These documents are powerful ways of keeping you in control of your destiny should you not be able to make decisions in the future.
The Advance Directive and Lasting Powers of Attorney are documents that need to be set up correctly and we can assist you in preparing the forms and having the Health and Welfare Power of Attorney registered with the Office of Public Guardian.
If you would like any more information on any of these legal services or would like to set up a free 30 minute consultation with our specialist contact us here.
Emma Fuller is head of the private client team at EHL; our solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.
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