Living Wills Solicitors

Those over the age of 18 with capacity can make a Living Will (also known as an Advanced Decision) to refuse medical treatment. This can include refusal of life sustaining treatment.

The Court of Protection can make decisions about whether advanced decisions are valid and applicable. Our Wills and Probate team can help prepare Living Wills and advise on their validity.

Our specialist solicitors also deal with advising clients on eligibility for care services and care packages under the Care Act 2014, appeals against refusal of the NHS continuing healthcare and advise on care home fees.

What is a Living Will?

A Living Will is also known as an Advanced Decision, an Advanced Directive or Advance Statement.

It is where you make a statement in advance setting out the kind of medical treatment you wish, or do not wish, to receive should you no longer be able to make your own decisions.

Having a Living Will in place allows you to refuse medical treatment. An Advance Decision is legally binding, and so those caring for you must follow the instructions set out in the statement. However, this document can only be used if you lose the mental capacity to make or communicate decisions about your treatment.

Making a Living Will (Advance Decision)

Although a Living Will does not need to be in writing (unless you are refusing potentially life-sustaining treatment), it’s best to seek legal advice before making a Living Will.

It’s also good practice to give a written copy of your Advanced Directive to your loved ones and anyone involved in your care, such as your GP. You should also review it regularly and keep it up to date.

Contact our Living Wills solicitors

If you need help and advice about making a Living Will or any other Court of Protection matter, our expert solicitors in Bristol and South Gloucestershire are here to help.

Call us on 0117 325 2929 or complete our online enquiry form.

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