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been made it can be withdrawn at any time.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