What is a living will?

Your living will only takes effect if you become unable to tell people your wishes about your medical treatment, so you can no longer take part in decisions about it.

Your living will enables you to say in advance what your wishes are about your medical treatment. These statements are called advance directives. In England and Wales an advance directive of treatment is legally binding as long as the following conditions apply;

You made your advance directive when you were mentally capable of making that kind of decision. You meant your directive to apply in the kind of situation, which later arose, and you understood the consequences of your decision in that kind of situation. It really was your decision, and you did not decide under someone else's influence. The British Medical Association has issued a statement supporting the use of living wills. Doctors must take patients' wishes into account. They must not give patients treatment which they do not wish to have.

Can I discuss my living will with other people?

A living will expresses important and very personal wishes. You do not have to discuss this with anybody, but we suggest you talk to your doctor. This is because a doctor will be able to explain the health care options open to you. If you complete an advance directive, discussing it with a doctor will also show that you are fully aware of the consequences of the decision you are taking and that your doctor fully understands what you want in case there is a dispute about your true wishes later. You might also want to discuss your plans with other people, for example, your partner, family or friends, a nurse, counsellor or religious adviser.

Make sure that people close to you know you have made a living will and where you have stored it. If you go into hospital ask for a copy to be added to your hospital notes.

What happens if I change my mind?

The wishes stated in a living will are not final. You can change them at any time while you are still mentally capable of doing so. You do not have to do this in writing it is enough just to tell your doctor. But if you do change your wishes, it is wise to destroy your living will (and all copies of it). Make sure that any doctor, who is treating you, and the people close to you, know what you have done.

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