Advance decisions to refuse medical treatment

We provide in depth advice to elderly clients and their family and carers on the considerations and choices available when it comes to making advance decisions about medical treatment.

Documents – also known as Living Wills – can be drawn up in which clients, while still mentally competent, set out their wishes in regard to their future health care. Those instructions will come into force only at such time as they no longer have the capacity to make such decisions for themselves or to communicate their wishes.

Living Wills have become increasingly popular in the UK, particularly among people with chronic conditions whose health is likely to deteriorate, and our elder law practice has helped to enhance the law in this field by drafting a number of precedents. They have been used for many years in the US.

Living Wills are closely related to Lasting Powers of Attorney Personal Welfare on which the team also advises.

Recent work 

  • Acting for a seriously disabled client who wished to draw up a Living Will requesting maximum treatment, rather than refusing treatment.
  • General advice to a network of care homes on the creation of policy and procedures for the staff concerning living wills.
  • Drafting a living will for a client who was anxious to ensure that his former wife and family should play no part in decisions about his healthcare.

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