An Advance Directive/Living Will is a document which
sets out your medical wishes should you become incapacitated.
Accident victims that end up trapped in a ‘persistent
vegetative state’ in hospital do not have the
opportunity of telling the doctors what they want.
A similar situation can arise in the later stages of
terminal illness. An Advance Directive/Living Will is
designed to overcome this as it takes effect during
the maker’s lifetime, whereas a conventional will
only takes effect after death.
In America, Advance Directives/Living Wills are becoming
more common, though in Britain they are still rare.
The legal effect of an Advance Directive/Living Will
is not yet known in Britain, however the British Medical
Association supports the use of certain Advance Directive/Living
Will forms, and doctors must, in any case, take patients1
wishes into account. A directive can of course be altered
at any time while you remain capable of doing so, just
like an ordinary will.
In an Advance /Living Will you can also record any
strongly held views regarding types of medical treatment
or investigation. Perhaps you would only want drugs
to relieve pain and suffering, instead of medical treatment
that prolongs rather than improves life. You can also
appoint someone as your ‘proxy’ to contribute
towards any vital medical decisions made by doctors.
It does not deal with your property and effects; this
should be covered in a conventional Will.
If you decide to make an Advance Directive/Living Will,
talk the matter over with a Solicitor who specialises
in this area and also your doctor who can sign the form
to show that such a discussion took place and that you
were fully informed. If you are currently undergoing
treatment for a serious condition, it is especially
advisable. Make sure your family knows about it, can
find it and pass it to the Doctors should the need arise.
Please do not hesitate to call us in complete confidence
if you wish to discuss any matters relating to this
area.
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