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Living WillsA Living Will (also known as Advance Decision in England and an Advance Directive in Scotland) provides an opportunity for people to lay out their wishes regarding medical treatment and intervention in the final stages of life. The present common law situation 'respects the right of people with capacity to be able to define, in advance, which medical procedures they will and will not consent to at a time when that individual has become incapable of making or communicating that decision'. Every adult with mental capacity has the right to agree to or refuse medical treatment. The British Medical Association in its 1995 booklet 'Advance Statements About Medical Treatment' says that 'Competent, informed adults have an established legal right to refuse medical procedures in advance'. The sorts of treatments usually covered by Living Wills are artificial feeding, mechanical ventilation, antibiotic therapy and resuscitation. In England, valid and applicable Advance Decisions are legally enforceable under the Mental Capacity Act 2005 and must be followed by healthcare professionals. In Scotland, Advance Directives are not legally enforceable under the Adults with Incapacity (Scotland) Act 2000. However one of the general principles of the Act states that the wishes of the adult should be taken into consideration when acting or making a decision on their behalf. Living Will forms can be downloaded from a number of websites such as the Voluntary Euthanasia Society, www.ves.org.uk/livingwills.html the Terrence Higgins Trust, the Natural Death Centre and other similar charities. See our charities page for address and telephone numbers. You can also contact www.terminalillness.co.uk/living-wills-c52.html Another useful site is www.clickdocs.co.uk/living-wills.htm Depending on your particular situation, it may be worthwhile to discuss the Living Will with your doctor and the BMA suggests placing a copy with your doctor. Each copy needs to be signed and witnessed. Copies should also be placed with your will and a close relative or friend. Should you go into hospital for an important reason, a copy can also be shown to the doctor or ward sister and attached to your notes. The BMA also suggests that patients who have drafted an Advance Statement carry a card indicating that fact. Living Wills should bereviewed from time to time, depending on changing circumstances or attitudes. They can be cancelled at any time, either verbally or in writing, while there is still the mental capacity to do so. Like a normal will, you may want to include some personal details and demands. Preparing a Living Will also provides a good opportunity to state how you might want to spend your final weeks, whether you wish to die at home or in hospital, whether you would like specially chosen music and what sort of funeral you would like. |
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