Living Will (Advance Decision) Template
What is a living will?
A living will is a document that outlines your wishes regarding medical treatment should you become unable to communicate your decisions. Also known legally as either an Advance Decision to Refuse Treatment (ADRT) or simply as an Advance Decision, it’s a crucial part of your overall estate planning, giving you control over the kind of care you receive at the end of life, while sparing your loved ones from making those difficult choices on your behalf.
Who should make a living will?
A living will is a personal choice, but it may be particularly important for:
Those with chronic or progressive illnesses - Conditions like dementia, motor neurone disease, or terminal cancer may eventually affect your ability to communicate
Anyone over 18 who wants control - You don't need to be elderly or ill to create a living will; many young adults create them for peace of mind
People without close family - If you don't have relatives to speak for you, a living will ensures your wishes are known
Those who've witnessed difficult end-of-life situations - Personal experiences often motivate people to document their own preferences
Anyone creating other estate planning documents - If you're writing a will or setting up LPAs, it's an ideal time to consider a living will too
People with strong views about medical treatment - If you have clear preferences about life-sustaining treatments based on personal, religious, or ethical beliefs
How does a living will work?
At its core, a living will allows you to set clear guidelines for the types of medical interventions you don't want. This might include decisions about life-sustaining treatments, resuscitation, or other procedures that could prolong life in situations where recovery is unlikely. The document is not about giving up; rather, it’s about ensuring that your preferences are respected when you’re not in a position to speak up for yourself.
What medical treatments does a living will affect?
When creating your living will, you might want to consider your preferences regarding:
Life-Sustaining Treatments:
CPR (Cardiopulmonary Resuscitation) - Chest compressions and rescue breathing to restart the heart
Mechanical ventilation - Machines to help you breathe
Artificial nutrition and hydration - Feeding through tubes
Dialysis - Machine treatment for kidney failure
Antibiotics - In end-stage terminal conditions
Blood transfusions - Some refuse on religious grounds
Specific Situations to Consider:
Persistent vegetative state
Terminal illness with no hope of recovery
Severe dementia affecting quality of life
Multiple organ failure
Severe, permanent brain damage
Remember: You choose which treatments to refuse and under which specific circumstances. You cannot request treatments that hasten death, only refuse treatments that prolong it.
Is a living will legally binding?
In England and Wales, doctors are legally bound to follow your wishes as set out in a living will - as long as the living will has been properly executed. A living will is not binding on doctors in Scotland, but they will often follow the instructions you set out.
How to make a living will?
Living wills don't require a solicitor or other authority to produce them, and you can download copies for free, from charity organisations like compassionindying.org.uk and ageuk.org.uk. Note that there is not a single format for a living will - in fact, you may come across multiple examples that all look very different, but to be valid, the following must be true:
You must be an adult with the mental capacity to make decisions and be able to communicate those decisions
You specify which treatments you are refusing
You specify under what circumstances you wish to refuse those treatments
It's signed by you
It's signed by a witness (if you are refusing life-sustaining treatment)
You have made this decision of your own accord (you have not been pressured into making the living will)
You haven't said or done anything since which contradicts what you declared in the living will (like saying you have changed your mind)
Under what circumstances will the living will be used?
Only in a very specific situation, which means:
If you in a medical situation which you have specified in the living will, and
medical treatment, that you have refused in the will, would ordinarily be offered, and
you lack the mental capacity to make a decision to accept or decline that treatment, and
there is no reason to believe you would think differently to what is in the living will, and
if the living will is present at that point in time
Let's take an example (remember, you set the terms in the living will). You are involved in a very serious road accident and have suffered massive, permanent brain trauma and are in a coma. It is highly unlikely, according to the doctors, that due to your injuries you will ever awake. In the living will you have declared that if you become persistently unconscious (vegetative state), with no likelihood of regaining consciousness, that you then do not wish to be kept alive, and are only given such medication that you should be kept comfortable and free from pain, with no other medical treatment. In such circumstances doctors should follow your instructions, which means that without life-sustaining medical treatment to keep you alive, you will soon die. While not everyone would wish this (and for some, we would hope for a medical miracle), for many of us, we would want to spare our family the anguish of perhaps further days or weeks with no realistic hope of recovery.
What if I have an living will and a Healthcare Lasting Power of Attorney?
This is a key point, and the order you create these is in very important, if you have given your attorney the right to make decisions about refusing life-sustaining treatment.
If you make the living will FIRST and THEN the Healthcare LPA, then the Healthcare LPA will override the living will, because it was made more recently.
Therefore, it's important you either trust your attorney to make decisions in accordance with your living will, or you should make a new Living Will. Luckily, this is very simple and just needs a new signature and date.
If you make the Healthcare LPA FIRST and THEN the living will, then the living will would override the attorney's right to make decisions about refusing treatment, because it was made more recently. Note that no other aspects of the Healthcare LPA are overridden (so it is still valid), it just restricts the attorney from making decisions about refusing life sustaining treatment which could contradict your living will.
What do I need to consider?
Below are some more things to consider before you decide if a living will is right for you.
One of the key advantages of having a living will is that it provides peace of mind. For you, it’s a way to maintain autonomy over your healthcare, even in your absence. For your family, it can be an enormous relief, reducing the burden of guessing what you would have wanted during moments of crisis. Instead of endless discussions and potential conflicts, your living will acts as a clear, legally recognised statement of your wishes.
Creating a living will is a straightforward process, but it does require careful thought. Start by discussing your wishes with your doctor and close family members. This isn’t a document you should draft in isolation. It’s important that the people who might be involved in your care understand your values and the reasons behind your choices. Once you’re clear on your preferences, you can either work with a legal professional or use reputable online resources to draft your living will. While it doesn’t need to be overly formal, clarity is essential—ambiguity can lead to confusion during critical moments.
It’s also wise to review and update your living will periodically. Changes in your health or personal circumstances might mean that your preferences evolve over time.
For those concerned about accessibility, remember that your living will should be easy to locate when needed. Consider storing it in the same secure place as your other important documents, and inform a trusted person—whether it be a family member, friend, or legal advisor—of its whereabouts. I'd recommend that you also provide a copy to your GP and/or anyone responsible for your care.
Ultimately, a living will is about taking control of your healthcare narrative, ensuring that your voice is heard even when you’re unable to speak for yourself. Taking the time now to draft a living will is one of the kindest, most empowering things you can do for yourself and your family.
Where can I get a template for a living will?
I provide the following templates for a living will. Properly executed and signed, these are legally valid and are binding on healthcare professionals in England and Wales (and should be taken into account in Scotland). Note that I have titled these livings wills by their legal name, 'Advance Decision' (but it's the same thing).
Advance_Decision_Guidance_AD1NSG210425 - this document provides clear, simple guidance on how to complete my template.
Advance_Decision_to_Refuse_Treatment_Template AD1NSG210425 - this is the template you should complete.
Quick Facts About Living Wills in the UK
✅ Legally binding in England and Wales when properly executed
✅ Must be considered by doctors in Scotland (though not legally binding)
✅ No solicitor required - you can create one yourself
✅ Completely free - using charity templates or mine
✅ Can be changed or cancelled at any time while you have capacity
✅ Only applies when you lack capacity to make decisions
Living Will Validity Checklist
For your living will to be legally valid, the following must apply:
✓ You're 18 or over when you make it
✓ You have mental capacity to understand the decision
✓ You specify which treatments you're refusing
✓ You specify the circumstances when refusal applies
✓ You've signed and dated the document
✓ A witness has signed (essential if refusing life-sustaining treatment)
✓ You made the decision voluntarily (no pressure from others)
✓ You haven't said or done anything contradicting it since
Where to Store Your Living Will
Essential Locations:
With your GP - Ask them to scan it into your medical records
At home - With other important documents in a secure but accessible place
With your Healthcare LPA attorney - If you have one appointed
Digital copy - In secure cloud storage for emergency access
Tell These People:
Close family members
Your GP and any specialists treating you
Your Healthcare LPA attorney (if appointed)
Anyone named in your emergency contacts
For Hospital Admissions:
Keep a copy to take with you
Ensure staff add it to your medical notes
Inform the admitting doctor
Frequently Asked Questions
Living will vs Advance Decision - what's the difference?
In the UK, "living will" and "advance decision" refer to the same legal document - it's simply a matter of terminology. "Living will" is the commonly used term that most people search for and understand, whilst "Advance Decision to Refuse Treatment" (ADRT) or "Advance Decision" is the official legal term used in the Mental Capacity Act 2005.
Whether you call it a living will, advance decision, or ADRT, the document serves the same purpose: allowing you to refuse specific medical treatments in advance, should you lose the capacity to make or communicate decisions in the future. We use both terms throughout this guide to help you find the information you need, regardless of which term you're familiar with.
Is a living will the same as a DNR?
A DNR (Do Not Resuscitate) or DNACPR (Do Not Attempt Cardiopulmonary Resuscitation) is a specific medical order made by healthcare professionals in consultation with you or your representatives. A living will can include your wishes about CPR, but it's broader - covering various treatments, not just resuscitation. You can refuse CPR in your living will, which doctors must respect if the document is valid and applicable.
Can I change my living will?
Yes, you can change or completely cancel your living will at any time, as long as you have mental capacity. To change it, simply create a new one - the most recent valid document takes precedence. To cancel it, destroy all copies and inform your GP and anyone who has a copy. You can also make a written statement that you're withdrawing it.
Do I need a solicitor for a living will?
No, you don't need a solicitor to create a valid living will. As long as you follow the legal requirements (see our validity checklist), you can create one yourself using free templates from charities or our templates below. However, if your situation is complex or you want professional reassurance, consulting a solicitor can be helpful.
What's the difference between a living will and Healthcare LPA?
A living will only allows you to refuse treatments in advance. A Healthcare Lasting Power of Attorney (LPA) appoints someone to make all healthcare decisions for you if you lose capacity - including agreeing to treatments. They work well together: your living will sets out specific refusals, while your Healthcare LPA attorney handles everything else. Be mindful of the order you create them (see main content above).
Can family override my living will?
No, family members cannot override a valid living will. If your living will is properly made and applies to the situation, healthcare professionals must follow it, regardless of family wishes. This legal protection is precisely why living wills are valuable - they ensure your wishes are respected even if family members disagree or are too emotional to make decisions.
Does a living will cover euthanasia or assisted dying?
No, living wills cannot request any treatment or action intended to end life. They can only refuse treatments that would keep you alive. Euthanasia and assisted dying remain illegal in the UK. Your living will can refuse life-sustaining treatment, which may result in natural death, but it cannot request active interventions to cause death.
Summary
Creating a living will is one of the most empowering decisions you can make for your future healthcare. It ensures your voice is heard when you can't speak, protects your autonomy, and provides invaluable guidance to both medical professionals and loved ones during difficult times.
Remember:
It's completely free to create
No legal professionals required
You can change it anytime
It only activates if you lose capacity
It legally protects your wishes
Ready to create your living will? Download our comprehensive templates below, including step-by-step guidance to ensure your advance decision is legally valid and clearly expresses your wishes.
Advance_Decision_Guidance_AD1NSG210425 - this document provides clear, simple guidance on how to complete my template.
Advance_Decision_to_Refuse_Treatment_Template AD1NSG210425 - this is the template you should complete.