Advance Decisions (Living Wills)

JMW's team of experienced solicitors can help you every step of the way throughout the legal process of making a living will or an ‘advance decision’ in relation to your medical treatment and future wellbeing.

For more information about making a living will, contact JMW Solicitors today on 0345 872 6666, or fill out our online contact form to request a call back.

How JMW Can Help

Our specialist team of lawyers are highly experienced in this area of law, and can assist you in drawing up an advance decision that is tailored to your specific circumstances and ensures your wishes regarding your treatment are met.

We have helped our clients with a broad range of circumstances to write an advance decision. JMW has also acted for local hospices and cancer support charities to assist their service users in documenting their medical treatment wishes.

Meet Our Team of Wills Solicitors

Our Wills and Estate Planning team provides expert advice to help you protect your assets and plan for the future.

What is an Advance Decision?

An advance decision sets out the types of medical treatment you would refuse should you become unable to communicate a decision about your wellbeing at some point in the future.

An advance decision could include procedures like a blood transfusion or an amputation. Similarly, individuals who have dementia or a terminal illness may want to specify which types of treatment they would not want to receive. The advance decision can also set out circumstances in which you want to refuse this treatment.

What is the Process of Making an Advanced Decision?

To be valid, an advance decision must meet the following criteria:

• The person involved must be over 18, and have the mental capacity to make the decision
• A decision regarding which type of treatment would be refused must be specified
• The circumstances in which the refusal would be made must also be decided
• It must be agreed that decision would still stand, even if your life was at risk
• The decision must not have been changed since it was finalised
• It must be in writing and signed in the presence of a witness
• The individual involved must not have been pressured, influenced or suffered harassment from an external party when making the decision

Once you have considered these issues, your solicitor should prepare an advance decision and you should provide copies of it to your GP and any other carers responsible for you.

If you still wish to deny a specific treatment, even if it might save your life, you must state this specifically in the advance directive.

Lasting Power of Attorney

If you are not sure if a living will is right for you at this point in time, you may wish to consider appointing an attorney pursuant to a lasting power of attorney (LPA). We can help you to identify attorney candidates, appoint them and ensure that they are aware of their responsibilities.