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How to Create a Living Will or Advance Directive: A Step-by-Step Guide

Published on 
14 Sep 2024

Creating a living will or advance directive is an essential step in planning for your future healthcare needs. These documents allow you to specify your medical treatment preferences if you become unable to communicate them yourself. This ensures that your wishes are respected and can alleviate stress for your loved ones during difficult times.

You have the power to make decisions about your healthcare in advance, giving you peace of mind. Whether it's refusing specific treatments or appointing someone to make decisions on your behalf, knowing how to create these documents can help you take control of your medical care.

In this article, you will learn the steps to create a living will or advance directive, including the key components to include and how to ensure your wishes are legally binding.

Understanding Advance Directives

Advance directives are essential documents that help communicate your healthcare preferences when you cannot do so yourself. They guide medical professionals and loved ones in making choices that align with your values and wishes.

What Is an Advance Directive?

An advance directive is a legal document that outlines your preferences for medical treatment, especially during critical or end-of-life situations. It includes different types of directives, like a living will, which specifies the treatments you do or do not want.

You create this document while you still have mental capacity. This means you can think clearly and make your own decisions. If you are unable to express your wishes later, the advance directive serves as your voice in healthcare decisions.

Different Types of Advance Directives

There are several types of advance directives, each serving a unique purpose. The most common are:

  • Living Will: This details specific medical treatments you want or do not want if you cannot communicate your wishes.
  • Advance Decision: This allows you to refuse certain treatments in the future, even if it may risk your life.
  • Health Care Proxy: This designates someone to make decisions on your behalf when you are unable to do so.

It’s essential to ensure that each type meets local legal requirements to be enforceable. This helps ensure your preferences are respected during your care.

The Value of Advance Directives in Healthcare Planning

Advance directives play a crucial role in healthcare planning. They provide clarity for healthcare providers and your family during difficult times. By documenting your wishes, you alleviate the burden of decision-making from loved ones.

They also enhance the possibility of receiving care that aligns with your personal beliefs and values. In urgent situations, having these directives can prevent unnecessary medical procedures that you may not want. Creating advance directives encourages open conversations about your preferences and end-of-life care, which can strengthen family bonds and understanding.

Creating a Legally Binding Advance Directive

To create a legally binding advance directive, you need to understand the legal requirements, choose the right form, and make sure it is signed and witnessed correctly. Each step is vital in ensuring your wishes regarding medical treatment are respected.

Legal Requirements for Validity

In the UK, for your advance directive to be legally binding, it must meet specific criteria laid out in the Mental Capacity Act. First, you must have the mental capacity to make a decision when you create the directive. This means you understand the implications of your choices.

Next, the directive must clearly state your wishes about refusing treatment. It should be specific and unambiguous. An advance directive that meets these requirements is considered valid and enforceable by healthcare professionals.

Choosing the Right Form and Format

You can create your advance directive using various templates available online or through organisations like Age UK. Make sure you choose a form that is recognised in your region. The wording must be clear and succinct, avoiding complex jargon.

It's essential to specify which treatments you wish to refuse. You can use bullet points or numbered lists to articulate your choices clearly. This format helps prevent misunderstandings and ensures that your wishes are easily accessible to your healthcare providers.

Witnessing and Signing Requirements

Once you have completed your advance directive, it must be signed and witnessed to be valid. The signing should be done in the presence of a witness who is not a family member or anyone who might benefit from your decisions.

The witness must confirm your identity and that you understand what you are signing. In England and Wales, the presence of one witness is enough. After signing, keep multiple copies in accessible places, and consider giving a copy to your solicitor and close family members to ensure everyone is aware of your wishes.

Specifics of a Living Will

Creating a living will involves important decisions about your healthcare preferences. It ensures that your wishes are known and respected when you are unable to communicate them. Here are key areas to consider when drafting your living will.

Stipulating Medical Treatments and Interventions

In your living will, specify the medical treatments you wish to receive or refuse. This includes decisions about life-sustaining treatment, such as resuscitation and mechanical ventilation. Be clear about situations where you want these treatments, as well as instances where you do not.

Consider conditions like dementia, where you might experience a decline in your ability to communicate. You can state your preferences regarding care if you are diagnosed with a terminal illness. Include details about pain management, nutrition, and hydration. This clarity helps doctors and nurses act according to your wishes.

Making Provisions for End-of-Life Care

Your living will can also address end-of-life care options. You may wish to include statements about palliative care, focusing on comfort and quality of life. Specify whether you want to be at home or in a hospice during your final days.

Also, mention your preference for organ and tissue donation. This can ease any burden on loved ones, as they will know your wishes. Discussing these topics with your family in advance is essential, as it might guide them in making tough decisions later on.

Incorporating Personal Values and Preferences

Personal values and preferences play a significant role in your living will. These elements reflect what matters most to you in treatment and care situations. Include any cultural, religious, or personal beliefs that should influence your care.

Consider how you wish to be treated during serious medical events. You might have specific views on life quality or pain management that should be conveyed. Sharing these insights not only helps healthcare providers understand your needs but also gives assurance to your loved ones.

Assigning a Trusted Individual for Decisions

Designating a health care proxy is a crucial part of your living will. This is a trusted individual who can make medical decisions on your behalf if you are unable to. Often, this could be a family member or close friend who understands your values and wishes.

Your health care proxy should be someone you trust to speak for you. Clearly outline their authority to refuse specific treatments, even life-sustaining ones, if that aligns with your preferences. You may also consider creating a power of attorney for health-related matters, which provides additional legal backing to their decisions.

Maintaining and Updating Your Documents

It is crucial to keep your living will or advance directive current. Regular updates ensure that your wishes are clear and reflect your current circumstances. Consider the following key areas for maintaining your documents.

Review and Revise as Circumstances Change

Your health and personal circumstances can change over time. Regularly review your advance directive to ensure it aligns with your current wishes. Life events, such as a serious diagnosis or a significant change in your relationships, may influence your decisions.

Schedule regular reviews, ideally every year or after a major life event. When you revise your document, consult your healthcare professionals, such as your GP or other doctors. They can provide insights into medical options and implications of your choices. If needed, involve a solicitor for legal advice to ensure your document meets all necessary standards.

Communicating Changes with Family and Healthcare Professionals

Once you update your living will, communication is key. Discuss your changes with your family and any relevant healthcare professionals. Your family, carers, and social care team should be fully aware of your wishes.

Arrange meetings with your loved ones to explain your decisions. It’s beneficial to have open conversations about your health and preferences. This helps prevent confusion during critical moments. Make sure that your current documents are accessible to your care staff. They should be able to find the latest version in your medical records.

Where to Record and Store Your Advance Directive

Storing your advance directive properly is essential for quick access. Keep the original document in a secure yet accessible place. Common options include a safe at home or a dedicated file in your medical records.

Consider giving copies to trusted family members, your GP, and any healthcare professionals involved in your care. You might also want to inform your solicitor about your advance directive. This ensures all parties have the most recent version, reducing the chance of outdated information affecting your care decisions. Regularly check that everyone who needs access has the latest updates.

Assured Private Wealth specialises in independent, regulated pension advice. Get in touch today for a consultation on pension planning, estate planning, or inheritance tax guidance.

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