Living Will: What It Is, and Why It Matters

Living Will: What It Is, and Why It Matters

We don’t like thinking about a time when we might not be able to speak for ourselves. That’s completely natural and understandable. But it happens. It might be an accident, it could be something common like a stroke, a sudden illness or even a gradual change over time.

The reality is, when you can’t explain what you want, the people around you can end up carrying the hardest part. And that is trying to make decisions without knowing if they’re getting it right. That’s a lot of pressure to put on your loved ones.

However, a living will is one way to remove that guesswork.

What is a Living Will

“Living will” is the phrase people use but in England and Wales, the more accurate name is an Advance Decision to Refuse Treatment, often shortened to ADRT. You can see why a “Living Will” is easier to talk about.

Either way, the important part is that it’s something you write while you have mental capacity. It sets out medical treatments you would refuse in specific situations, if a time comes when you can’t make or communicate decisions yourself. You can read more here for your own peace of mind: nhs.uk

What Can a Living Will do?

A Living Will can be legally binding. If an advance decision is valid and applies to the situation, healthcare professionals should follow it.  That’s why wording matters. If it’s too vague, it may be hard to use when it’s needed.

However, the legal position differs across the UK.

In England and Wales, an advance decision can be legally binding if it’s valid and applicable. If you live in Scotland, the rules and terminology are different, so it’s worth getting Scotland-specific guidance.

Overall, a Living Will is mainly used to refuse treatment in certain circumstances.

It does not let you demand specific treatments and it does let you make certain refusals clear in advance.

Why People Put a Living Will in Place

People put one in place because “they’ll know what I want” often turns out to be a lot harder than it sounds.

When someone is suddenly unwell, families end up facing questions like:

• Would they have wanted this treatment?
• Are we doing the right thing?
• Would they have chosen comfort over more intervention?

Doctors aim to act in your best interests. Families try their best but without guidance, people can feel like they’re guessing at the worst possible time.

A Living Will gives direction. It makes decisions clearer and it can also take a big emotional weight off the people closest to you.

However, if you want to refuse life-sustaining treatment, there are extra requirements.

It needs to be in writing, signed, witnessed, and it must clearly state that the refusal applies even if your life is at risk.

This is an important point people often miss.

How Does a Living Will Work Alongside a Health and Welfare LPA

You may have heard of a Health and Welfare Lasting Power of Attorney.

That allows you to choose someone you trust to make decisions about your care if you can’t. An advance decision covers a different part of the picture; it sets out refusals you want recorded in advance.

Many people choose to have both, because it means:

• someone you trust can speak on your behalf, and
• they’re not left guessing on the points you feel strongly about

If you update one, it’s worth checking the other still reflects what you want.

However, you don’t need to rewrite it every year. But it is worth reviewing if:

• you receive a diagnosis
• your health changes in a meaningful way
• your views on treatment change
• your wider planning changes

The goal is simple: if it ever needs to be used, it should still sound like you.

A Small Step That Can Make a Big Difference

Nobody can predict what’s around the corner – if we could, we’d all play the Lottery. But without one, we are playing a lottery of sorts.

But when it comes to your health and your wishes, you can decide now, while you’re well and able, what you would and wouldn’t want if a time comes when you can’t speak for yourself.

So, if you’d like to talk it through, or you want help making sure your wishes are clear and properly documented, we’re here to help.