Living Wills
Living Wills Solicitors
A Living Will (Advance Decision) lets your health professionals, carers and family know your wishes, particularly if you want to refuse a specific type of treatment should the circumstance arise where you cannot communicate those choices yourself.
Living Wills allow a person to refuse life-sustaining treatment, including ventilation or CPR, but will only be used if they cannot make decisions about their own treatment.
Living Wills Solicitor Near Me
An Advance Decision is legally binding as long as it complies with the Mental Capacity Act, fulfils the criteria for validity (see below), and pertains to the given situation. A binding Advance Decision supersedes the decisions made by others who aim to act in your best interest.
As mentioned, there are specific criteria that make an Advance Decision valid:
- You are over 18 years of age and had the capacity to make, understand and communicate your decision when you made it.
- You clearly specify which treatments you wish to refuse.
- You explain the circumstances in which you wish to refuse treatments.
- The Living Will is signed by you (and by a witness in cases where you want to refuse life-sustaining treatment).
- You have made the decision of your own accord.
- You have not said or done anything that contradicts the Living Will since you made it.
Once you have created your Living Will (Advance Decision), you should ensure that your family, carers or health and social care professionals know about it. They should also know where to find it in case of an emergency.
Although it is essential to inform people of where your Living Will is stored to ensure that your wishes are maintained, you do not have to disclose the contents.
If you are looking for Living Wills advice, please contact our experienced private client solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Contact Us
Wisbech and March Solicitors
Bowsers Solicitors are local solicitors for the local community. Deciding to create a Living Will can be highly daunting, so seeking the appropriate advice is essential. We assist clients across Cambridgeshire, Lincolnshire and Norfolk in a personable, empathetic and professional manner. Our lawyers take the time to get to know you and understand your intentions, ensuring that your Advance Decision accurately reflects your wishes.
To speak to one of our friendly yet professional private client solicitors or chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Solicitors for Living Wills Cambridgeshire
Many people will have created a Lasting Power of Attorney (LPA) for Health and Welfare and a Living Will. In the case where you have lost mental capacity and a decision needs to be made about your treatment, the document that was created most recently is the one that will be prioritised.
If you make an LPA after making an Advance Decision: The attorney identified in your LPA can override the content of the Advance Decision, provided that you granted them the authority to make the decision in question when creating the LPA.
If you make an Advance Decision after creating an LPA: Your attorney cannot override the content of your Advance Decision. First, registering the LPA for Health and Welfare and then implementing the Advance Decision offers advantages, such as empowering your attorney to enforce your treatment refusal preferences and ensuring they act in your best interest. If a decision must be made concerning a matter not specified in your Advance Decision, your attorney will retain the ability to act on your behalf.
To find out more about Lasting Powers of Attorney, please click here.