Thinking about future medical care is not something most of us rush towards. But for many people, taking a little time to record their wishes can bring real peace of mind. A Living Will, also known as an Advance Decision, allows you to do exactly that.
Put simply, it’s a way of setting out which medical treatments you would or would not want to receive if you were ever unable to communicate those decisions yourself. This could be due to illness, injury, or a loss of mental capacity.
By putting your wishes in writing, you give clarity to doctors and healthcare professionals, and reassurance to your loved ones. It can also help prevent uncertainty or disagreement at a time when emotions are already running high.
What is a Living Will or advance decision?
A Living Will is a legal document that records specific medical treatments you would refuse in certain circumstances. It only comes into effect if you are unable to make or communicate decisions yourself, for example, if you are unconscious or no longer have mental capacity.
It does not allow you to request specific treatments. Instead, it focuses on treatments you do not want to receive, even if refusing them could shorten your life.
If a Living Will is valid and applies to the situation you are in, doctors and healthcare professionals must follow it. Before doing so, two independent doctors will assess your condition and confirm that you are unable to make or communicate your wishes at that time.
What is an advance statement?
An advance statement is slightly different. Rather than refusing treatment, it allows you to explain your preferences, values and beliefs about your care more broadly.
You might use an advance statement to say where you would prefer to be cared for, what matters most to you if you become seriously ill, or any religious or cultural beliefs that should be taken into account. You can also include practical details such as dietary needs, who you would like to visit you, or which people should be consulted about your care.
Unlike a Living Will, an advance statement is not legally binding. However, healthcare professionals should take it into account when making decisions in your best interests.
Many people choose to have both documents, as they complement each other well.
Is a Living Will the same as a Will?
Despite the similar name, a Living Will is completely separate from a traditional Will.
A Will only takes effect after you die and deals with your estate, money and possessions. A Living Will, on the other hand, applies while you are alive and relates only to medical treatment if you lose capacity.
Having one does not replace the other, and many people choose to have both as part of planning ahead.
Who can make an advance decision?
Anyone can make an advance decision, as long as they have the mental capacity to make such decisions. Often, people ask for support from their clinician when writing their Living Will. Talking to a doctor or nurse is important, as they’ll be able to help you understand the consequences of your decisions.
If you decide to refuse life-sustaining treatment in the future, your Living Will must be written down, signed by you, and signed by a witness. If your refusal of the treatments means you might die as a result, you need to state this clearly in your advance decision.
How does a Living Will help?
One of the main benefits of a Living Will is that it allows you to stay in control, even in situations where you might not be able to speak for yourself.
It can be particularly helpful if you are living with a long-term or terminal illness, or if you are concerned about conditions such as dementia, where decision-making ability can change over time. By setting out your wishes in advance, you reduce the likelihood of difficult decisions falling solely on your family.
For loved ones, having clear guidance can be a great comfort. It removes uncertainty and helps them feel confident that they are respecting your wishes, even during an emotional and stressful time.
Who can make an advance decision?
Anyone aged 18 or over can make a Living Will, as long as they have the mental capacity to understand the decisions they are making and their potential consequences.
Many people find it helpful to talk through their choices with a doctor, nurse or other healthcare professional. This can help you understand what certain treatments involve and what refusing them might mean in practice.
If your Living Will includes refusal of life-sustaining treatment, it must be written down, signed by you and witnessed. You must also clearly state that the refusal applies even if your life is at risk as a result.
Who should witness a Living Will?
Your witness should be someone independent who can confirm that you signed the document freely and had the capacity to do so at the time. It’s also important to talk openly with family members and close friends about your decision, so they understand your wishes and know the document exists.
A Living Will should be reviewed from time to time. While it does not expire, changes in your health, personal circumstances or medical options could affect whether it still reflects what you want.
Is a Living Will legally binding?
In England and Wales, advance decisions are legally binding under the Mental Capacity Act, provided they are valid, clearly written and apply to the situation that arises.
In Scotland and Northern Ireland, Living Wills are not legally binding in the same way, but they are still taken seriously and should be considered when decisions are made about your care.
Can a Living Will be overridden?
A Living Will can be overridden if you later create a Health and Welfare Lasting Power of Attorney and give your attorney the authority to make decisions about life-sustaining treatment. In that case, the LPA takes precedence.
This is why it’s important to consider how different documents work together and to keep them under review.
Living Wills and lasting power of attorney: What’s the difference?
Both documents are designed to protect your wishes if you cannot speak for yourself, but they work in different ways.
A Living Will sets out specific decisions about medical treatment. A Health and Welfare Lasting Power of Attorney allows you to appoint one or more people you trust to make decisions about your care and wellbeing on your behalf.
Some people prefer the certainty of a Living Will. Others value the flexibility of appointing someone they trust to decide based on the situation at the time. Many choose to put both in place.
Can you include funeral wishes in a Living Will?
You can record funeral wishes in a Living Will, but they are not legally binding. Medical professionals are not responsible for funeral arrangements, so this information may not always be seen or acted upon.
A more reliable option is to record your funeral wishes separately and make sure your family knows where to find them. For more information on putting your affairs in order with confidence, take a look at our free guide.
How to make a Living Will?
There is no single official format for a Living Will, but it must be clear, specific and written while you have capacity. Some people choose to use a free service such as MyLivingWill, which can guide you through the process and help you think through your choices carefully.
Planning ahead does not have to be overwhelming. Taking small, thoughtful steps can make a meaningful difference later on.
If you’d like to talk about planning for the future, including funeral plans, Pure Cremation’s team is always here to offer clear, supportive guidance whenever you need it.
