For a Living Will to be valid and legally binding, you must have full mental capacity (or be ‘of sound mind’), at the time of completing and signing this document.
Section A: Declaration.
This consists of a statement declaring that you are of sound mind. It is essential that this section is signed. You should also include your date of birth and address. Your signature must be witnessed, and your witness must also provide a dated signature, and details of their date of birth and address. Your witness should be someone who is not a close family member who might expect to benefit from your will. Read more on Declaration
Section B: Advance Decision.
This is legally binding. It expresses a desire to refuse life-sustaining treatment or resuscitation under certain highly specific circumstances. If a Doctor considers that you have prepared a valid Advance Decision then you may not be provided with medical treatment that would otherwise have been recommended. This will have the result of shortening life. Because of the terminal consequences of withholding treatment, the law requires that advance decisions are highly specific. Read More on Advance Decisions
Section C: Advance Statement.
This section is not essential to your Living Will, may not be legally binding, and you do not have to complete it. However, it will help all those involved in your care – including Health Care Providers, family and friends – to act in accordance with your wishes, if you become unable to communicate how you would like to be cared for. You may enter any details you wish. Some options to consider are provided below. Read More on Advance Statements
Section D: Lasting Power of Attorney.
If you have previously granted an individual Lasting Power of Attorney (LPA), you may also have granted them the power to make decisions regarding your medical care and treatment, including whether to continue life-prolonging treatment. If you complete a Living Will including an Advance Decision after the date on which you granted an individual LPA with power to make decisions regarding your medical care and treatment, this document over-rides the wishes of the individual with LPA. Read more on Lasting Power of Attorney and Living Wills
Section E&F: are self explanatory.
Section G: Contact in Case of Emergency (I.C.E).
Health Care Certificate of Capacity: This is an optional section which you may wish to have completed by your doctor. Lobby your doctor to provide this as a part of their NHS Service.
All decisions outlined in your Living Will, including your Advance Decision, may be revoked at any time orally or in writing. It is not necessary to confirm your commitment to your Advance Decision. It remains legally binding from the date of signature until and unless it is revoked. However, renewing your declaration on a regular basis may help your Health Care Providers and all those involved in your health care and legal affairs to be content that your wishes remain unchanged. If you register your Living Will with us we will remind you to check and confirm (or change) your wishes on an annual basis.
Please click the following to see an entire checklist for creating your living will or wills Living Will Check List