Living Wills

Living Wills Solicitors, Alton

A Living Will, also known as an Advance Decision, outlines your wishes to your healthcare professionals, carers and family. Most notably, it allows you to refuse a specific type of treatment should you be unable to communicate these choices yourself.

You might decide that you do not want doctors to use life-sustaining treatment, such as ventilation or CPR, should the need arise, and this will be outlined in your Living Will.

To speak to one of our reliable, professional private client solicitors, please call 01420 558 335 or email enquiries@bookersandbolton.co.uk. All of our services can be carried out either in person or via online platforms. Get in touch today.

Provided that it complies with the Mental Capacity Act and the validity criteria (below), your Advance Decision is legally binding.

It is a person’s responsibility to make their loved ones and healthcare professionals aware of their Living Will and they should be able to access it in case of an emergency. You do not have to disclose the contents of your Advance Decision, but you should ensure that the relevant parties can access it easily if it is necessary.

Criteria for Advance Decisions

• You are over 18 years of age and had the capacity to make, understand and communicate your decision when you made it.
• You clearly specify which treatments you wish to refuse.
• You explain the circumstances in which you wish to refuse treatments.
• The Living Will is signed by you (and by a witness in cases where you want to refuse life-sustaining treatment).
• You have made the decision of your own accord.
• You have not said or done anything that contradicts the Living Will since you made it.

Living Wills Solicitors Near You

You may have made a Lasting Power of Attorney for Health and Welfare as well as a Living Will. If you have lost mental capacity, and a decision regarding your treatment needs to be made, the document most recently created will be prioritised.

If your LPA was made after your Advance Decision: Your attorney (identified in your LPA) can override the contents of the Living Will, provided they were granted your authority to make the decision in question when your LPA was created.

If your Advance Decision was made after your LPA: Your attorney (identified in your LPA) cannot override the contents of the Living Will. Registering an LPA for Health and Welfare decisions before the implementation of an Advance Decision can be advantageous. For example, your attorney will enforce your treatment refusal preferences and ensure they act in your best interest. If a decision must be made concerning a matter not specified in your Living Will, your attorney will retain the ability to act on your behalf.

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How We Charge

We are flexible with our fee arrangements and are always willing to discuss an option that suits you. Find out more about our different charging options by visiting the costs information page.

For legal advice from experienced private client lawyers, please contact us on 01420 558 335, email enquiries@bookersandbolton.co.uk or fill in an enquiry form today.

Our Living Wills solicitors can support you with your private client matter, either online, via phone and video call, or face to face, where clients from our local community in Alton, Hampshire, can visit our offices.

In all cases, we will update you on your estate planning issue using our accessible and reliable app and portal, or through a way of your choosing.