MAKE YOUR WISHES CLEAR
Advances in medical science means we can all expect to live longer. Unfortunately, this does not always mean our quality of life is acceptable.
There are many reported cases of people being forced to remain alive on a life support system, by their doctors or some members of their family, when the individual wish would be otherwise. This is mainly due to lack of legal clarity and the concern of legal compensation being sought.
The BMA have a Code of Practice that covers this area. It does state that individuals have a right to refuse medical treatment if they are competent and well informed. The problem, of course, arises when the individual is unable to make their wishes clear.
A solution is a Living Will, or now more commonly known as an Advance Directive. The purpose of the document is to clearly inform your family and doctors exactly what you would wish to happen in the event of a serious illness, or accident, preventing you from communicating your wishes. The document is your evidence at any hearing to consider the appropriate treatment required. It should contain the statement that at least two independent physicians should be of the opinion that you are unlikely to recover.
The Mental Capacity Act 2005, which came on the statute books in 2007, gives more clarity to the use of Advance Directives and strengthen your ability to inform your family and doctors of your wishes should you be in the position of needing medical intervention, or treatment, aimed at prolonging, or sustaining, your life.
This is a difficult and emotive subject. The Advance Directive will ease the burden on your family and reduce some of the anxiety they will suffer if you are unfortunate to be in this position.
The Lasting Power of Attorney, implemented on the 1st October 2007, also provides protection in this area and you need to consider which is the best approach for your circumstances.
There are a number of points you should consider in preparing your Advance Directive and we can advise on these and ensure the document suits your requirements.
THE WILL WRITING PARTNERSHIP
LLP
Somerdown Farm Slade Lane Lympsham
Weston Super Mare BS24 0DP
Tel 08000 93 92 21
Registered in England under
Number OC316557
Member of, and regulated by, the Society of Will Writers And Estate Planning Practitioners
Membership Number HA46080111/5