Wharfedale & Airedale Observer - 6 September 2005
In our monthly legal advice column, Tom Morrish sheds light on Living Wills
Living Wills – Your Right to Refuse Medical Treatment Living Wills are a form of advance decision which enables an individual to refuse medical treatment. This allows them to retain some control if they find themselves in circumstances where they are unable to make or communicate a decision on their treatment at the time e.g. if they are in a coma or have had a stroke.
Although this type of will does not yet have statutory protection (which they will receive under the Mental Capacity Act 2005 in the near future), they are valid and currently enforceable under English Common Law. Increasingly individuals are making Living Wills at the same time as traditional wills in order to ensure that they are treated as they wish.
Of course there are certain criteria that must be met for the Living Will to be recognised. For example, it can not be applied to life–sustaining treatment unless there is a written statement given by the patient verifying that even if their life is at risk they still wish to refuse treatment.
The Living Will must list the treatments the patient would not wish to receive, as well as the circumstances they apply to. When making these choices the individual should obtain legal advice and then speak to their GP and it is generally a good idea to ask the GP to witness the document. This will provide some evidence that the patient has made an informed decision and has discussed the various implications of making a Living Will with a medical practitioner. If the patient changes his or her mind once the Living Will has been made it can be withdrawn at any time.
The Living Will only applies if the patient has lost mental capacity and to the treatment that they have specified. In effect it enables their pre-determined decision regarding treatment to be acted on as if they had been consciously able to make it when the question of treatment arose.
However, there are certain instances when the Living Will may not be valid. For example, where circumstances not anticipated by the patient have come into existence after the Living Will has been made i.e. a new medical procedure has been developed.
If you require further information about living wills and would like to talk to a solicitor for some advice, please contact Morrish & Co on 0113 250 7792 Morrish & Co Solicitors, 61 High Street, Yeadon, Leeds LS19 7SP Fax: 0113 250 0289 Email tom.morrish@morrishlaw.co.uk www.morrishlaw.co.uk