LIVING WILLS

Every adult with mental capacity has the right to agree to medical treatment, likewise you have the right to refusal of medical treatment. To make your advance wishes clear you can use what is commonly known as a ‘Living Will’. This can include general statements about your wishes - which are not legally binding - and specific refusals of medical treatment called 'advanced decisions' or 'advance directives'.

GENERAL WRITTEN STATEMENTS

A general written statement (advance statement) can set out which treatments you feel you would or would not like to receive if you lose mental capacity in the future.

Advance statements are not legally binding, but health professionals do have to take them into account when deciding on a course of action. Family and friends can also use them as evidence of your wishes.

You can also make your views known verbally, for example, when discussing treatment with a health care professional, but having it in writing makes things clearer for everyone involved.

Your statement can include; treatment you would be happy to have, and in what circumstances; treatment you would want, no matter how ill you are; treatment you would prefer not to have, and in what circumstances; who should be consulted about your treatment when a decision needs to be made. It can also include a specific refusal of medical treatment, which has a different legal status.

When you write an advance statement, remember new drugs or treatments may be introduced in the future. So you could, for example, state that you would prefer not to receive certain current treatments but would allow for new treatments.

Include your name, address, date and signature in the advance statement. It is also advisable to confirm that you understand what you're doing and are capable of making such decisions. And you may want to get the statement signed by a witness who can say that you had capacity at the time.

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