Living Will - making your own choices
6th July 2010
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<p>Rob Abell is a local professional specialising in Will Writing and Estate Planning and has years of experience advising on and preparing Wills, Trusts and Lasting Power of Attorney etc.  He is the Director of <strong><em>Will Planning Solutions Ltd</em></strong> a company that adheres to the strict Code of Practice of the Institute of Professional Will Writers whose standards have recently been approved by the Office of Fair Trading (OFT). In this bestof article Rob looks at an issue that many people are now considering when preparing their Wills and that is, how they can <strong>make clear their wishes for the level of medical treatment in the future</strong> if they have lost the ability to voice it themselves – this is often <strong>called a Living Will</strong>.</p> <p>Rob says … </p> <p>A <strong>Living Will</strong> is a document that can be prepared, in advance, to indicate your wish to <strong>refuse some or all forms of medical treatment</strong> should you lose the mental capacity to voice your wishes at a point in the future. The document is a <strong>legally valid record of your choices</strong> and is treated as if you were actually able to tell the medical profession that you want to refuse treatment – the treatment cannot then be lawfully given.  Should a doctor then intervene against your decision they could be liable to civil or criminal prosecution.</p> <p>There are limits to what you can decide through a <strong>Living Will</strong>. For example, you cannot ask for your life to be ended or request anything that would require medical staff to act unprofessionally. Also, a <strong>Living Will</strong> cannot nominate someone else to decide about treatment on your behalf. However, this last point can be achieved by appointing an Attorney in a <strong>Health and Welfare Lasting Power of Attorney</strong> document. Whether or not a treatment is considered life sustaining will depend on the specific situation. As you can see this is not straight forward and does need careful thought and possibly professional guidance.</p> <p>The legal authority for both documents (Living Will and the Health and Welfare Lasting Power of Attorney) come under The Mental Capacity ACT 2005 that came into force in April 2007.</p> <p>If you would like to know more about the valid decisions you can make through either document, then I would be more than pleased to speak with you, without obligation, and provide you with further guidance. Either call me directly on <strong>01455 268 677</strong> or get in touch by <a title="Visit the Will Planning Solution's feature to email Rob Abell" href="" target="_blank">CLICKING here</a> to use the email link from our bestofhinckley feature.</p>/8a99caa6-0f60-411d-8d32-24fc33965d13.jpg/4a3676bf-6a18-4d22-84d3-1552647729b2.jpg
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