A Living Will?

"People have a right, emphasised in the Patient’s Charter, to consent, or withhold consent, to treatment. Advance Directives assist patients in the exercise of their legal rights and so ensure their lawful treatment." This parliamentary written answer, given in 1994 by John Major MP, uses the language of rights but begs the question of who has the obligation to ensure that a patient’s rights are met.

Some persons facing serious illness would prefer that all possible means be employed to sustain their life. Others fear a situation where they could be left in a condition they would find intolerable. While many people choose to trust that their family and health carer will act in their best interests, a written guideline can be reassuring to all concerned parties.

What is a living will?

A living will, or advance directive, is a statement of a person’s wishes with regard to their treatment should they become seriously ill. The document cannot specify what a person would accept in the way of treatment, but it can indicate a person’s preference.

Is it legal?

There is no legislation governing the use of advance directives or living wills. However, recent legal judgements suggest that, in common law, an advance refusal of treatment will have legal effect provided it meets certain conditions.

In England and Wales an advance refusal of treatment is legally binding as long as:

• You make your refusal when you are mentally capable of making that kind of decision.

• You mean your refusal to apply in the kind of situation that later arises, and you understand the consequences of your decision.

• You really do make your own decision and do not decide under someone else’s influence.

Can I ask to be treated?

Any life-threatening condition, as well as mental impairment or unconsciousness can be treated. A person may want to be kept alive as long as is reasonably possible using whatever forms of medical treatment are available.

How can I make my wishes known?

Talk with your family and friends. Discuss your choices with your doctor. Write your decisions down and supply.

Can I change my mind?

Of course!

Forms for an advance directive or living will are available from:

The Voluntary Euthanasia Society
13 Prince of Wales Terrace
London W8 5PG
0171 937 7770
Please send £3 to cover expenses, or

The Terrance Higgins Trust
52/54 Grays Inn Road
London WC1X 8JU
0171 831 0330
Please send a donation to cover costs.

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