Living Wills / Advance Decision

What is an Advance Decision?


The full implementation of the Mental Capacity Act 2005 has now given weight to Living Wills/Advance Decisions.

An Advance Decision (formerly –and still commonly – known as a Living Will) is a decision made by you to refuse treatment when you are unable to participate effectively in decisions about your medical care.

This decision would only take effect when, in the opinion of your doctors, you are unlikely to recover from your illness or impairment and that the gravity of your condition/suffering is such that treatment seems to be causing distress beyond any possible benefit. This would include life threatening conditions, permanent mental impairment and permanent unconsciousness.

In order to ensure that it is legally binding under the Mental Capacity Act 2005 you must state that with regard to the refusal of life-sustaining treatment: "The decisions set out in my living will apply, even if my life is at risk as a result."

It should be noted that you cannot use an Advance Decision to insist on receiving any particular treatment.

An Advance Decision does not have to be written but it is strongly advised that you do so. Moreover, it is advised that you discuss it with your GP and leave a copy with him/her. You can withdraw an Advance Decision at any time while you have the ‘capacity’ to do so and this can be done either verbally or in writing.

Advance Decisions generated for clients by KEWsWillS make provision for periodic updating to confirm it’s validity and existence.

This is a very brief summary of what an Advance Decision is and what it can do. For further information and to discuss Advance Decisions and Lasting Powers of Attorney Personal Welfare (LPA PW), contact KEWsWillS.

Further guidance on Advance Decisions is given in Chapter 9 of the Code of Practice to the Mental Capacity Act 2005.

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Anne C. in London SW19 says:
I first employed the Will writing service in 1996 and had no hesitation in contacting KEWsWills when I wanted to change the Will. On the first occasion I was quite nervous, having never had a Will before, but a bonus was that I was able to have a home visit, and Mr Webber soon put me at my ease, directed my rather jumbled thoughts in the right direction, and the whole process was quickly accomplished. In 2008 it was like inviting a friend to visit, and I would not hesitate to recommend KEWsWillS to anyone who required a Will writing service.