Prescribed form for 'living will'
An elderly client for whom I have acted for many years has asked me to draft what she describes as a ‘living will’ setting out her wishes for her future care and treatment. Is there a prescribed form which I should use?
There is no prescribed form for a client who wishes to make an “advance decision” as it is referred to under the Mental Capacity Act 2005.
An advance decision enables a person aged over 18, while still capable, to refuse specified medical treatment at a time in the future when they may lack the capacity to consent to or refuse that treatment. They must say exactly what treatment they want to refuse and they can cancel their decision or any part of it at any time. If the advance decision refuses life-sustaining treatment, it must be in writing, be signed and witnessed and state clearly that the decision applies even if life is at risk.
You may wish to suggest that the client sends a copy of the completed advance decision to her GP.
For further information, please refer to Chapter 9 of the Code of Practice issued by the Lord Chancellor in April 2007 which accompanies the Mental Capacity Act 2005.
You may also be interested in the Law Society’s Practice Note on Lasting Powers of Attorney and Mental Capacity, A Guide to the New Law (2nd edition) which is available from the Law Society’s online bookshop.

