Who would decide whether you should receive life-saving medical treatment if you were unable to? When someone becomes mentally incapacitated it?s often left to family and doctors to make difficult decisions about their medical treatment.
A living will enables you to record your wishes regarding your future medical treatment in case you become incapable of doing so. Strictly speaking, a living will is not a proper legal term but is commonly used to describe documents called advance decisions.
An advance decision allows you to make a decision to refuse life-sustaining treatment while you are still mentally competent which will take effect when you are not. Of course you don?t have to wait until you are diagnosed with an illness before making a living will. But an advance decision to refuse life-sustaining treatment must be in writing ? signed, dated and witnessed. It will then be legally binding.
Your wishes can become invalid, however, if you do something that is inconsistent with your decision to refuse life-saving care. Similarly, an advance decision may no longer be applicable if, for example, there have been medical advances which had not been anticipated at the time of writing the document.
That?s why it?s a good idea to regularly review your living will to avoid any uncertainty and make sure you discuss your decision with your doctor, family and friends. Stone King?s trusts and estates team can help you write a document that is both legally binding and applicable.
For more information about living wills please contact Kathryn Layzell on 01225 324461.
This entry was posted in Trusts & Estates. Bookmark the permalink.Source: http://www.stoneking.co.uk/blog/?p=137
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