A “Living Will” or “Advance Statement” is not actually a form of Will as it does not make plans or provisions for the division of a person’s estate and assets after their death. Instead, a Living Will is actually a statement which outlines a person’s wishes regarding medical and care choices in the event they either lose mental capacity or the power to communicate.
A legally binding document
A Living Will can be made by any adult who is considered to possess full mental capacity.
However, in order to be legally binding, the document must be made in writing, signed and witnessed, ideally by a qualified wills solicitor.
Living Wills have statutory protection under the Mental Capacity Act 2005. Therefore, if you made a living will before 7 April 2005, you should seek the advice of a wills solicitor to make sure your document is consistent with this Act.
Why make a Living Will?
A Living Will can be very reassuring to both you and your family. This is because it allows for you to make the difficult decisions yourself while also lifting the burden on family and friends if ever a time arises when you lack mental capacity or the ability to communicate.
It allows you to be clear regarding a number of important medical and care decisions, including the following:
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- Resuscitation
- Blood transfusions
- Where you would like to be cared for
- Your dietary requirements
- Your clothing choices
- Your music/entertainment choices
- Your religious or other beliefs and values
- Who you would like to visit you
Help making a Living Will from Simply.Law
It is important for your peace of mind as well as that of those near to you that you have clear instructions regarding your personal choices in the event you lose mental capacity or the ability to communicate.
Simply.Law can put you in touch with a Wills solicitor who can help you make a Living Wills or Advance Statement that considers all your personal circumstances.
Simply.Law – by your side at difficult times, helping you to find the right legal advice
