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I, of , was born on .
I DIRECT as follows:
This has been executed on____________________________(date)
| Executed as a deed by | |
| in the presence of two witnesses, neither of whom will benefit from my death: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Relationship | |
| and | |
| Witness signature | |
| Name of witness | |
| Address | |
| Relationship | |
| Reviewed and confirmed on____________________________(date) | |
| Signed by | |
| in the presence of the witness below, who will not benefit from my death: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Relationship | |
| Reviewed and confirmed on____________________________(date) | |
| Signed by | |
| in the presence of the witness below, who will not benefit from my death: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Relationship | |
This Living Will/Advance Directive template covers the circumstances in which you do not want life-sustaining treatment if:
you have lost the ability to make your own decisions (you have 'lost capacity’)
you are no longer able to care for yourself in relevant situations, and
you have one or more carefully considered conditions (eg a terminal or degenerative disease or permanent pain) from which you are unlikely to recover
If you lose your ability to make decisions due to an illness (such as dementia) or an accident that results in a brain injury, you can maintain some control over your affairs with a Living Will/Advance Directive. In England and Wales, this often works in conjunction with a lasting power of attorney (LPA), In Scotland, this often works in conjunction with a continuing power of attorney (CPA), welfare power of attorney (WPA) or a combined CPA and WPA. In the absence of any instructions regarding how you wish to be treated, you may receive care that does not fit with your beliefs (social or religious).
Use our LPA Drafting Service to make an LPA.
An Advance Decision/Advance Directive is a document in which you can specify any medical treatments that you wish to refuse. By doing this, you inform doctors and other medical staff of your decision in case you lack the mental capacity to state your refusal at the time (eg because you have advanced dementia, brain damage or are unconscious).
An Advance Decision/Advance Directive should clarify the circumstances under which you do not wish to receive specified treatments, as far as possible. It only allows you to refuse certain treatments (eg refuse CPR, ventilation or a blood transfusion); not request them. Note that it can be used to refuse treatment even if doing so might lead to your death but it cannot be used to ask for your life to be ended. Unlike an advance statement, an Advance Decision is legally binding in England and Wales if it is correctly created. In Scotland, an Advance Directive is currently not legally binding.
An advance statement is a separate document, which sets out how you wish to be cared for if you are unable to state your preferences due to a lack of mental capacity. It can include a range of matters including dietary requirements and whether you would prefer to be at home or in a medical facility. It may also state any religious beliefs you hold which could affect the treatment you receive. It can also cover your priorities regarding medical treatment, for example, whether you wish to prioritise comfort or life-prolonging treatments should a choice arise. Advance statements are not legally binding (in England, Wales or Scotland) but doctors and others caring for you must take them into account.
If you wish to refuse life-sustaining treatment as part of an Advance Decision, to make your decision binding you need to follow the procedures in the Mental Capacity Act 2005. In England and Wales, to make an Advance Decision regarding life-sustaining treatment binding you must:
be over 18 and have mental capacity to make, understand and communicate your decision at the time of making the Advance Decision (more below)
ensure that it is in writing;
sign and date the document - in the presence of a witness who must also sign the document
be as clear as possible about the circumstances in which you do not wish to receive treatment (eg explain that you wish to refuse resuscitation required due to your diagnosed terminal illness - this will not then apply to resuscitation required due to other causes, for example, trauma following a road accident)
include a statement that clarifies that you would like the Advance Decision to apply even if this puts your life at risk as a result (this statement is covered by the section in this document entitled 'moral reasons for making this living will')
have made the Advance Decision of your own free will, without pressure or harassment from others
not have done or said anything that contradicts the Advance Decision after you made it (eg saying that you've changed your mind)
You can also (optionally) ask your GP to sign a statement confirming they are aware of your Advance Decision. Either way, make sure that your GP, any relevant medical staff and/or your relatives know you have an Advance Decision and where to find it.
In Scotland, Advance Directives are currently not legally binding. This is because Advance Directives have not been tested in court. However, a valid and applicable Advance Directive would likely be upheld by the courts if it was challenged.
This is because, under the Adults with Incapacity (Scotland) Act 2000 (the law outlining how someone lacking capacity will be treated), the wishes of an adult without mental capacity should be considered. This means that, while Advance Directives are currently not legally binding in Scotland, healthcare professionals should take them into account when treating someone. Further, family and friends can use an Advance Directive as evidence of the person’s wishes.
Mental capacity is the ability to make specific decisions when necessary. Someone will be considered as having mental capacity if they understand a decision they need to make, why they need to make it and the likely outcome of the decision.
Under the Mental Capacity Act 2005, people are presumed to have capacity unless proven otherwise. The Mental Capacity Act sets out a 2-stage test to establish whether someone lacks mental capacity:
Does the person have an impairment of their mind or brain (whether as a result of an illness, like dementia, or external factors, like alcohol or drugs or trauma)?
Does this impairment mean the person is unable to make a specific decision when they need to?
It’s important to note that people can lack capacity to make some decisions, but have capacity to make others. Further, someone’s mental capacity can fluctuate and change with time, and people may lack capacity at one point, before being able to make the same decision later.
Generally speaking, someone will lack mental capacity and be unable to decide for themselves if they cannot:
understand information relevant to the decision
retain and remember the information
use (eg evaluate) the information as part of the decision-making process
For more information on mental capacity, see the NHS website.
While an Advance Decision is legally binding in England and Wales, it can be challenged. Under the law, Advance Decisions can be challenged if there is a reasonable belief that you may have changed your mind. This could be due to medical advances, changes in your own situation or because the document was written a long time ago.
As a result, it is important for you to regularly review your document and communicate your decisions to all relevant parties (eg your GP and family).
Making a Living Will/Advance Directive online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Living Will/Advance Directive you will need the following information:
Your details
What are your details (eg name, address and date of birth)?
What are your identifying features (eg tattoos, birthmarks or scars) and where can they be found?
The medical treatment being refused
In what circumstances do you not wish to receive medical treatment (other than pain relief)? For example, do you not want to receive medical treatment if you are diagnosed with a terminal disease and are unable to take care of yourself?
If you are seriously ill, how do you wish to be treated? For example, do you not wish to be resuscitated?
Do you have a moral reason for making the Living Will/Advance Directive?
If so, what is it?
Other parties
Did you discuss making a Living Will/Advance Directive with your GP, other healthcare professionals or relatives?
If you discussed it with your GP, what are their details?
If you discussed it with other healthcare professionals, what are their details?
If you discussed it with your relative(s), what are their details?
Living Wills/Advance Directives are used to set out how you wish to be medically treated if you lose capacity. To do this, typical provisions of a Living Will/Advance Directive include:
Your details
This section sets out your details (ie the details of the person making the Living Will/Advance Directive), including your:
name
address
date of birth
identifying features
It also confirms that you were of sound mind when you made the Living Will/Advance Directive and want your wishes contained within it to be respected by the relevant parties (eg doctors and relatives) in case you lose your mental capacity.
I DIRECT as follows
This section sets out your wishes regarding any medical treatment and highlights that you do not wish your life to be artificially prolonged. It specifically sets out in what circumstances you do not wish any life-sustaining treatments to be administered. It also states your wish to be permitted to die naturally and to only receive medical treatment to alleviate any pain or distressing symptoms in order to make you comfortable.
This section also states that you have made your Living Will/Advance Directive of your own free will and that you have carefully considered your decisions and understand them fully. It also includes a statement highlighting that you want your wishes to apply even if your life is at risk and that you understand that your life may be shortened as a result.
This section also includes the details of the person (or people) you have previously discussed making a Living Will/Advance Directive with.
Signature and reviews
Due to the nature of the Living Will/Advance Directive, it must be printed and physically signed in front of witnesses. This section, therefore, includes clear signature sections for yourself and your witnesses.
This Living Will/Advance Directive can be reviewed twice after being made and, as a result, includes two review signature sections.
Schedule 1
If you discussed making a Living Will/Advance Directive with your GP, Schedule 1 sets out their details (including name, address, practice name and phone number). Schedule 1 acts as a confirmation from your GP that they discussed making this document with you. Your GP needs to sign and date the confirmation before you sign your Living Will/Advance Directive.
Schedule 1 will not appear if you have not discussed making a Living Will/Advance Directive with your GP.
If you want your Living Will/Advance Directive to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Living Will/Advance Directive for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Speak to medical professionals and your family
Living Wills/Advance Directives are documents that set out when and how you do not wish to be kept alive artificially. This is a decision that is not to be taken lightly and you should discuss it not only with your GP and other relevant healthcare professionals but also with your family. Doing this not only helps inform your choice but also ensures that everyone is aware of and understands your wishes.
Make sure to regularly review your Living Will/Advance Directive
Due to their nature, Living Wills/Advance Directives are complex documents that may cause issues if they are not well-maintained. Make sure to review your Living Will/Advance Directive at regular intervals or whenever a major life event happens (eg the birth of a child or getting married). By doing this, you ensure that your Living Will/Advance Directive accurately reflects your wishes and helps prevent them from being challenged or ignored at a later date.
Understand when to seek advice from a lawyer
about an LPA for health and welfare, CPA, WPA, or combined CPA and WPA, in which you give someone else the power to make decisions for you
if you already have an LPA for health and welfare, CPA, WPA, or combined CPA and WPA, as you may invalidate one or both if you then sign a Living Will/Advance Decision
if you want to create a Living Will/Advance Directive that sets out different wishes that those covered by this template (eg a wish to refuse only specific treatments, rather than the wish to refuse all life-sustaining treatments in given circumstances)
about any issues arising out of this document
