When it comes to planning and protecting your future, most people think about wills and Lasting Powers of Attorney (LPAs).
But, what about your medical treatment if you can’t speak for yourself? That’s where a Living Will, also known as an Advance Decision, comes in.
Arbaaz Mehmood, Paralegal in our Wills, Trusts and Probate department at Jackson Lees, explains why making an Advance Decision could be one of the most important steps you take to protect your wishes, dignity, and peace of mind.
What Is an Advance Decision (Living Will)?
An Advance Decision, sometimes called a Living Will, is a legally binding document under the Mental Capacity Act 2005. It allows you to refuse specific medical treatments if you lose the ability to make decisions in the future.
An Advance Decision is only made when you understand the nature and consequences of your choices, and you are not being coerced by anyone to do so.
This means your wishes must be respected by:
- Medical professionals
- Attorneys (if you have an LPA)
- The Court of Protection (if involved)
Your Advance Decision should be kept with your medical records and clearly sets out which treatments you would refuse. These can include:
- Life-prolonging treatments like mechanical ventilation, dialysis, or major surgery
- Cancer treatments
- Mental health treatments such as psychiatric medication, mood stabilisers, hospital admission, or detention
Important: this list is not exhaustive and if you were detained under the Mental Health Act your refusal to the mental health treatments could be overridden.
Why Is Making a Living Will Important?
Not everyone has someone they trust to act as an attorney, and appointing a professional attorney can be costly. Without an LPA, decisions often fall to local authorities, and your personal wishes may not be prioritised.
An Advance Decision is not a replacement for an LPA, but it works alongside one to give you a voice when you can no longer speak for yourself. It provides:
- Peace of mind knowing your wishes will be followed
- Clarity for your loved ones during difficult times
- Control over your future care
It is beneficial to have an Advance Decision in place even if you do not have a Lasting Power of Attorney (LPA).
Can You Change Your Mind About an Advance Decision?
Yes. While you have capacity, you can revoke or update your Advance Decision at any time. The best way to do this is:
- Put the revocation in writing
- Destroy the old document
If you lose capacity, the document remains valid unless your actions clearly contradict it. Unlike an LPA, which must be revoked in writing and whilst you have capacity, an Advance Decision can be overridden by a judge in certain circumstances.
How Can Jackson Lees Help You Make a Living Will?
Creating an Advance Decision is a deeply personal process. At Jackson Lees, we take the time to understand your values and beliefs, so your document truly reflects your wishes.
We offer:
- Free, no-obligation consultations at any of our three offices
- Friendly, expert advice on drafting your Advance Decision
- Supportive service to make the process as stress-free as possible
We know these conversations can be difficult, especially if you’re already facing health challenges. Our team is here to listen, guide, and give you peace of mind. Please give us a call, request a callback or make an enquiry to find out how we can help.