If you fear medical intervention in the event of a severe accident or advanced illness and are concerned as to whether you would have sufficient mental capacity at that time to make your own decisions then you can make out a living will which could include future care and/or in some cases declining all medical treatment that could keep you alive.
For your own peace of mind using a solicitor to help you draw up a living will can be an advantage as they will be able to advise you on the wording and what is permissible according to the law. Mylivingwill.eu solicitors accessible through Solicitor Search Network will provide the advice on “advance directives/decisions” about your future care should you lose your mental capacity through illness, accident or dementia. Your solicitor will discuss with you whether you would like to appoint someone to make decisions on your behalf concerning the medical treatment you receive however this would require a “Lasting Power of Attorney” and can take about three months to obtain. Legal advice is always recommended as you will need to also consider all financial implications in the event of your demise or losing capacity.
Using a solicitor with experience in drawing up a living will is recommended so that your decisions are legally recognised. Once this document is properly drawn up all medical staff are legally obliged to follow your written instruction provided they consider it valid. Where there is a doubt then they would need to apply to the court to establish whether they should act on the decision as stated by you. Any advance decision statement will include your decisions about declining certain types of medical treatment/intervention, an explanation given as to why you have reached this decision and importantly that you have not been influenced or harassed in any way into this decision. Advance decisions (reference Directgov) are covered under the mental Capacity Act 2005 which became law in 2007.
Any statement needs to be properly laid out, signed by you and witnessed. Using a solicitor will eliminate any doubt about your future intensions. Your solicitor will also discuss whether there may be considerations under which you would permit medical intervention perhaps if a new treatment became available. Once completed you would then need to ensure that family, friends, medical staff, carers and others are aware of your decisions.
