A living will is a decision to refuse a specific treatment in the future. This decision is written down so it can be referenced if you get into an accident or become ill. Many people decide to refuse treatment because it does not coincide with their religious beliefs, but you can refuse treatment for any reason. The living will sets out in writing the reasons and the specific treatment you would like to refuse e.g. I would like to refuse a blood transfusion because it goes against my religious beliefs. Making a living will means that you get to make decisions regarding your treatment now for when you may otherwise be incapacitated in the future.
How to create a living will:
  • A living will must include the following:
  • Be written down
  • Signed by you
  • Signed by a witness (if you wish to refuse lifesaving treatment)
  • Contain the specific treatments you wish to refuse
  • And detail the circumstances in which this applies

There are also templates online which can serve as a guide to completing this document. Living wills must be specific in what treatment they refuse otherwise they will not be followed.A living will is legally binding if it complies with the Mental Capacity Act, this assesses whether you have the capabilities mentally to make these decisions. To gain legal status the living will must also be valid (all formalities complied with) and apply to the situation outlined. If you intend to refuse life-saving treatment (life-sustaining treatments) where you could die as a result, this will need to be stated clearly in your living will. A living will is invalidated if it is written as the result of harassment or if you do or say anything which contradicts the codicil.

If you decide to write a living will it is also essential to pass this on to your GP and discuss your decision with your loved ones, so they are prepared if the worst happens.

Important considerations:

If valid, an advance decision will take precedence over the opinion of doctors and what they believe to be in your best interest. It is therefore very important to think carefully about your decision and complete research on the treatment you would like to refuse as refusing treatment in a living will could result in your life ending abruptly.You may find it helpful to talk to a doctor or nurse about the kinds of treatments you might be offered in certain circumstances and the effects of these so you can make an informed decision.

It is also important to consider how you may feel if you don't create a living will and receive treatment which goes against your beliefs. If the thought of this makes you uncomfortable it may be in your best interests to make these decisions pre-emptively, so your future treatment coincides with your belief system. Making a living will is the opportunity to decide now when you may not have the ability to in the future, it's a way of looking after your future interests in the present.

How SharedAffairs can help:

SharedAffairs specialises in online secure document storage and if you decide to write a living will, we can store this for you and send it to your selected contact if required. This means that if you get into an accident or become ill your contact can request to view your documents and ensure you receive only the treatment that you wish to.

To learn more:

Avance decision to refuse treatment

Living will advance decision

Other resources

Funeral planning

clock 5 min read

Completing a funeral plan and setting aside the funds for the day will lighten the load on your friends and family during a very upsetting and stressful time.

Read more

Letter of wishes

clock 5 min read

A Letter of Wishes provides essential practical and emotional support to your executors, family members and trustees in a confidential way.

Read more

Letter of authority

clock 5 min read

Also known as a Grant of Representation. A document which is obtained from the court by the Next of Kin of someone that has died, which allows them to legally distribute their assets.

Read more

Probate

clock 5 min read

'Probate' is the legal process of dealing with a deceased person's estate (group of assets). When there is a valid will, the court will review this against the testator's (person who wrote the will)...

Read more

Lasting Power of Attorney (LPA)

clock 5 min read

Selecting a Power of Attorney allows you to have control over what happens to you if you lose mental capacity and ensures that your affairs are dealt with in the event that this happens.

Read more

Living Will

clock 5 min read

Making a living will means that you get to make decisions regarding your treatment when you may otherwise be incapacitated. A living will also means that your treatment will adhere to your wishes or beliefs.

Read more

Mental capacity

clock 5 min read

A person with mental capacity is somebody who can make informed decisions for themselves after weighing up their available options.

Read more

Why a will is important

clock 5 min read

Creating a will ensures that your assets are distributed how you want them to be. Not having a will means that only your closest relatives will benefit from your estate.

Read more

What is a Codicil?

clock 5 min read

If you have already drafted a will and wish to amend part of it, a codicil may be suitable for you. Codicils save time and money by only amending the parts needed therefore removing the need to draft a completely new will.

Read more

Get started today!

Register

It's free!

Get Started