Is a living will legally binding?
While an advance decision is legally binding, an advance statement is not. An advance decision is legally binding as long as it is valid, applies to the situation, and complies with the Mental Capacity Act. If your advance decision is binding, it takes precedence over the decisions that have been made in your best interest by other people.
An advance decision may only be deemed valid if:
- You have specifically stated which treatments you wish to refuse
- You have made the advance decision on your own, without any input or harassment from other individuals
- You are aged 18 or over and had the capacity to communicate, understand and make your decision when you made it
- You have explained the circumstances in which you wish to refuse them
- You have never stated that you have changed your mind
How much does it cost to make a living will?
If an advance decision sounds like something you’d like to make, you might now be wondering, ‘What is the cost of a living will?’ In short, the cost of a living will is completely dependent on the complexity of the situation.
To find out more information about the price, or to ask about examples of a living will, request a free, no-obligation callback from one of our specialists.
How do I write a living will?
If you are wondering how to get a living will done, allow us to help. Firstly, you must think about the situations that you would want to refuse treatment in. For example, if you have an incurable illness and become unwell after having all possible treatment, you might refuse to be kept alive through a feeding tube or drip.
Following on from that, you can come to us for some advice. Our experts will help you plan for the future, and once you have discussed your situation with us, you can speak to your family.
Once you have written your wishes down, your living will must then be signed and dated in the presence of a witness, and they must also sign and date the form.
Who can witness a living will?
Once you have written your living will, it is essential that you have it witnessed by an individual that can swear that the document reflects your wishes. This witness must be independent, not related to you or be responsible for your healthcare bills, and they also must not have an interest in receiving your property after your death.
Your witness should not profit by making decisions against your best interests.
Once your living will has been witnessed, you can provide a copy to your close friends and family, your doctor and those that are involved in your care.