What is a Living Will or Advance Decision?

Published / Last Updated on 08/07/2022

A Living Will or Advance Decision is not a Last Will and Testament on death, it is a decision in advance that you have made in connection with treatment if you are unable to communicate your wishes i.e., you are alive.

You can give you Living Will instruction in you Health and Welfare Lasting Powers of Attorney or you can have discussions with you GP so that you wishes are recorded or you can make a separate Living Will (Advance Decision).

In the Living Will you can indicate when medical treatment should be refused, even if you are likely to die.  The Legal Will is legally binding meaning that those that are looking after your care must carry out your instructions.  However, it will only come into force if you are not able to communicate.

Example of Lasting Will (Advance Statement) Contents

General Statement of Beliefs

For religious or other reasons.

Yes/No Questions and/or Pain treatment only

Life Threatening Condition.

Permanent Mental Impairment.

Persistent Unconsciousness.

Keep You Alive – as long as is reasonable to enable the person named as Proxy to see you.

Specific Treatments or tests

Give details about what you want/do not want

Appoint Healthcare Proxy

Someone who will make decisions for you.

Statement of Proxy – i.e., they sign a statement outlining what their role is.

Signature and Witness

Witness (unconnected to proxy) signs alongside you to confirm you are sound mind, not under duress etc.

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