What Is a living will and is it enforceable in England and Wales?

In England and Wales, a living will is commonly referred to as an “advance decision” or “advance directive.” It is a legal document that allows individuals to express their wishes regarding medical treatment and care in the event that they become unable to make decisions for themselves due to incapacity or illness.

An advance decision typically covers specific medical treatments or interventions that an individual does not wish to receive, even if it may be necessary to prolong their life. This can include treatments such as resuscitation, life-sustaining measures, or certain medications. The purpose of a living will is to ensure that an individual’s wishes are respected and followed by healthcare professionals.

To be enforceable in England and Wales, an advance decision must meet certain legal requirements. These include:

1. Capacity:

The individual must have the mental capacity to make the advance decision at the time it is created. This means they must understand the nature and consequences of their decisions and be able to communicate their wishes.

2. Specificity:

The advance decision must be specific and clearly outline the treatments or interventions that the individual wishes to refuse. It should also specify the circumstances under which the decision applies.

3. Voluntariness:

The decision must be made voluntarily, without any undue influence or pressure from others.

4. Validity:

The advance decision must be in writing, signed by the individual, and witnessed by an independent adult who is not a family member or a healthcare professional involved in the individual’s care.

It is important to note that an advance decision can only refuse treatment; it cannot request specific treatments or interventions. If an individual wishes to express their preferences for specific medical treatments, they may consider creating a separate document called an “advance statement” or “advance care plan.”

Healthcare professionals are legally bound to follow a valid and applicable advance decision. However, it is advisable to discuss your wishes with your healthcare provider, family members and legal professionals to ensure that everyone is aware of your advance decision and that it is properly documented in your medical records.

Consulting with a solicitor or legal professional who specialises in this area can provide guidance on creating a valid and enforceable advance decision in England and Wales.

Are you considering an advance decision and looking for advice in relation to the same? Why not give one of Alexander JLO’s expert private client lawyers a call on 020 7537 7000 or email peter@london-law.co.uk for a free no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here