Living Will
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.
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.
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.
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. It’s a thoughtful, compassionate approach to planning for the future—a legacy of care and consideration that eases the burden on those you love. 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 flowing 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.