What is a living will?
A living will, also known as an advance decision or advance directive, is a legal document that outlines your wishes for medical treatment, particularly in situations where you're not able to communicate them. This might apply to serious illness, injury, or end-of-life situations where you can't make or express your decisions.
Living wills allow you to refuse certain types of treatments (e.g., ventilation or resuscitation), if you become incapacitated. It must be clear and specific so that healthcare providers can follow your instructions.
A living will can provide you with peace of mind that your preferences will be respected and is legally binding if it meets the right criteria.
Why do people take out living wills?
People may take out a living will for many reasons. Explore some of the main ones here:
End-of-life preferences
Many people make a living will to give instructions about their end-of-life care. Making clear whether they want life-extending treatments or prefer a natural death can be especially important for those with terminal illnesses or conditions they're unlikely to recover from.
Get your quoteRelief for family members
Having clarity on your wishes can relieve your family members from an emotional and legal burden. Without a living will, they may be left to make difficult decisions without knowing what you wanted, which can lead to stress and conflicts.
Get your quoteAvoiding certain treatments
For some people, a living will means they can avoid medical interventions they might find not want, such as resuscitation or being kept on a life support machine. This may be especially important if you have strong personal or religious beliefs.
Get your quoteDignity and autonomy
A living will helps you protect your dignity if you become seriously ill or incapacitated. You can specify which treatments you're willing to undergo, so that your autonomy is respected and you're not subjected to suffering or treatments you wouldn't have chosen.
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Having a living will offers peace of mind, knowing that your wishes will be followed when you can no longer communicate them. It makes sure your preferences are clear and will be respected by doctors and other health professionals.
Get your quoteReducing costs
Some people take out living wills to reduce the costs involved in ongoing treatment. In some cases, people want to avoid expensive care when the chances of recovery are slim, which can reduce the strain on their finances or on the healthcare system.
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Living wills vs. lasting powers of attorney
The key difference here is how far the decisions go and who makes them.
Living wills
A living will is focused on healthcare decisions. It allows you to outline your preferences for medical treatment in situations where you can’t make decisions for yourself. This means you can refuse life-sustaining treatment and other end-of-life care. It doesn’t cover other aspects of your life, such as how your finances or personal affairs are managed.
Lasting powers of attorney (LPA)
A lasting power of attorney grants someone else the authority to make decisions on your behalf. While the person you name can make your healthcare choices, they can also decide on other matters, such as your living arrangements and personal care. It mainly comes in the form of a Health and Welfare LPA or a Property and Financial Affairs LPA.
Living wills pros and cons
Advantages
- Clarity: Makes your treatment preferences clear, reducing potential confusion or conflict later on.
- Peace of mind: Allows you to keep control of your choices, even when you can't communicate them.
- Legal enforcement: Living wills are legally binding, ensuring that your instructions are followed.
Disadvantages
- Limited scope: Only covers healthcare decisions, not financial or legal matters, unlike an LPA.
- Rigidity: Once signed, a living will can't easily be changed if your situation or preferences change.
- Uncertainty: May not address every medical scenario, especially complex or unexpected ones.
Should I take out a living will?
If you have concerns about your health in the future, particularly around invasive or unwanted treatments, a living will can help make sure your wishes are respected. It's especially useful for people with chronic or terminal conditions, or those who want more control of their end-of-life care. If you're unsure, it might be helpful to discuss your options with a legal or healthcare professional to decide whether this approach would match your values and needs.
Living will types and alternatives
1. Advance decision to refuse treatment
This is the most common type of living will. It allows you to refuse specific medical treatments or interventions in the future, such as resuscitation or life support. You can choose to decline treatments that you feel you don't need or don't want.
2. Advance statement of wishes
An advance statement is a less formal document than an advance decision. It allows you to outline your preferences for care and treatment, but it isn’t legally binding like an advance decision. It provides guidance for your medical team but doesn’t have the force of law.
3. Do not resuscitate (DNR) order
A DNR order is a specific instruction stating that you don't wish to be resuscitated in the event of cardiac arrest. This is typically used for people with terminal illnesses or conditions that can't be reversed and who prefer to pass away naturally.
4. Living will with specific medical preferences
Your living will may include more detailed instructions, covering not just life-sustaining treatments but also other aspects of care. These might include pain relief, organ donation, or your preference for medical setting.
5. Combination with lasting power of attorney
Some people opt to combine a living will with a lasting power of attorney (LPA), which allows someone else to make broader healthcare and finance decisions. This means your immediate wishes and advance decisions are followed while a named professional for family member manages other aspects of your life.
6. Mental capacity advance decision
This document is specifically for people who may lose mental capacity in the future, whether due to dementia or another illness. It provides instructions on healthcare decisions if the person loses the ability to understand or make choices for themselves.
How to create a living will
Use our checklist to find living will services, draft a will, and keep it safe and legal.
Our expert says:
‘’A living will isn't just important for you, it also lends guidance to your loved ones and doctors. It offers clarity, control, and peace of mind about your medical care preferences through difficult times and decisions.”
Frequently Asked Questions
What happens if I don't have a living will?
If you don't have a living will in place and you're not able to communicate your preferences due to illness or injury, your family or medical team will be responsible for the decisions on your behalf.
This can sometimes lead to uncertainty or conflict, especially if your loved ones don’t know your wishes or if their opinions differ on certain matters. Decisions about urgent treatment could be delayed while doctors seek consent from family members.
Without a living will, you may still be able to set up a lasting power of attorney for health and welfare, so that someone you trust can make these decisions for you.
Can I change or cancel my living will?
Yes, you can change or revoke your living will at any time, as long as you have the mental capacity to make the decision. It’s important to review your living will periodically to make sure it still reflects your wishes, especially if your health is changing.
If you want to update or cancel your living will, you can simply create a new one that explicitly revokes any previous versions. Make sure the new version is signed, dated, and witnessed again.
Keep in mind that your living will is a personal document, and only you can decide when to revise or revoke it. It's also important to tell your family, doctor, and anyone who may need to act on your behalf about the changes.
Do I need a lawyer to create a living will?
You don’t necessarily need a lawyer to create a living will, but it's recommended if you want to make sure it's clear, legally binding, and properly reflects what you mean to say. Many online services and templates can help you draft a living will without legal help, but these can sometimes be generic and may not fully cover your specific situation.
What happens if my living will conflicts with my family’s wishes?
Healthcare professionals are generally required to follow your advance directive, even if your family or loved ones don't agree with it. This can be an emotional or legally challenging time, especially if your family is upset about your decision or would prefer you had treatments you've declined. This is why it's a good idea to discuss your wishes with family members ahead of time.
How do I make sure my living will is legally binding?
To make your living will or advance decision legally binding, you must follow specific requirements set by UK law. First, it should be written while you have full mental capacity and should clearly express your wishes in an unambiguous way. It must be signed by you, and in most cases, witnessed by at least one independent person who isn’t a relative, beneficiary, or person named in your will.
Can I include organ donation wishes in my living will?
Yes, you can include your preferences about organ donation in your living will. It can be used to specify whether you'd like to donate your organs or tissues after your death, and in some cases, it can provide guidance on specific types of donations (e.g., organ donation for transplantation or for research purposes).
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