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Using a Living Will to avoid a living nightmare

With the media full of stories of hospitals being accused of putting do not resuscitate orders in patients’ notes without permission and a woman resorting to tattooing ‘do not resuscitate’ on her chest, preparing a Living Will can be the best option.  But they need to be carefully thought through, says Luck Luck Ooi from Barr Ellison Solicitors.

“A Living Will is a catch-all for two distinct arrangements:  an Advance Decision to Refuse Treatment and an Advance Statement,” says Luck. “While both are to do with making your wishes known should you lose the capacity or ability to communicate them yourself, an Advance Decision to Refuse Treatment is legally binding and specifies the treatments not wanted and under what circumstance this will apply. An Advance Statement is simply a document setting out your wishes as to the type of care you would like to receive and is not legally binding.”  Which you prefer to use will depend on your particular circumstances, however, a properly drafted Advance Decision is certainly a powerful means of gaining control over a very important stage in your life should this be needed.

“Proper advice needs to be taken when making an Advance Decision to ensure that your wishes are met,” advises Luck, “and once made it needs to be reviewed regularly. It is also advisable to lodge a certified copy of the document with your GP (subject to them agreeing to this) and to write to the GP at least once a year to confirm that the Advance Decision created is still valid and current.” Care should also be taken to ensure that the Advance Decision made is not over-ridden by subsequent arrangements such as when health and welfare Lasting Powers of Attorney are made.

If you change your mind, there is no legal requirement for the withdrawal of an Advance Decision to be in writing. “However, should you change your mind after making an Advance Decision, then it is certainly advisable to destroy the document along with all copies of it, inform your GP and contact any party that may have a copy of it so that there can be no confusion,” adds Luck.

Luck Luck Ooi is a member of the Wills, Probate, Gifts, Trusts & Inheritance Tax team at Barr Ellison and can be contacted on 01223 417200.

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