Living Wills
Every adult who is capable of making an informed choice (i.e. has capacity) has the right to accept or refuse medical treatment. For those people facing a serious degenerative disease or terminal illness, a time will come where they may no longer be able to influence or direct the type of treatment they receive. At this stage they have to rely on the judgement of others. The method of avoiding the loss of control over their own treatment is to make a ‘Living Will’.
What is a Living Will?
A Living Will, despite its name, is nothing like a normal Will, as it does not lay out how the assets or finances of a person are to be dealt with. Its function is to formalise general statements about your wishes and give specific instructions as to your preferred course of treatment.
Living Wills can serve to help those around you in following your express wishes regarding the refusal of treatment, known as ‘advanced decisions’ or ‘advance directives’. This can be an important factor if you later lose the ability to make these decisions for yourself. It allows you to retain control over both your treatment, and, probably just as importantly, over your dignity whilst you are a patient.
Your doctors will follow your Living Will instructions unless they find a reason not to, such as lack of capacity or perceived misconceptions within the Living Will. They are obliged to take your express wishes into consideration when treating you, so a Living Will helps to clarify those wishes.
It is good practice to have a doctor’s involvement in making a Living Will if there is a specific medical issue. If the doctors’ input and imprimatur is on the Living Will it is far more likely to be followed as intended as it will leave little room for doubt in areas of mental capacity or medical understanding. This follows from your doctor having explained any implications regarding your directions. This is particularly important if you decide to specify certain types of treatment that you would prefer not to be subjected to.
What should be put in a Living Will?
A Living Will is a signed, dated and witnessed written statement laying out your wishes. Although not legally binding, health officials should take them into consideration when deciding on your treatment and care. Your family and friends can refer to a Living Will as evidence of your express wishes. The statement can include:
- Treatment you are happy to receive and under what circumstances
- Treatment you want, no matter how ill you are
- A person you designate as a point of contact for any discussions or decisions that need to be made concerning your treatment
- Treatment you do not want to receive under any circumstances
- A specific refusal of treatment (but this may have legal implications)
If you are writing an advance statement, do take into account that whilst treatments may not be available now, medical advances may provide new drugs or treatments in the future that could help you. So you might consider an addition to a Living Will you would accept new treatments as they became available.
What else can be included in a Living Will?
It is sensible to state that you are fully aware of your situation and that you understand the implications of making a Living Will. If you are diagnosed with a mental illness such as depression, you can still make a Living Will as long as you can clearly demonstrate that you understand what you are doing and that you are capable of making such a decision. It is essential that you have a Living Will signed by a witness to verify this and preferably in consultation with a doctor. You can also use a Living Will to explain:
- Why you’ve made the decision to create a Living Will
- What you understand about the treatment you may be refusing and your reasons for doing so
- Why you are making this decision now
What happens after the Living Will is made?
Once you have created a Living Will, you can have it put in your medical notes. In the event of an emergency, your medical team will be able to access your Living Will and act accordingly. It is also a very good idea to make copies and send them it to your doctor, solicitor and your immediate relatives so that everyone is aware of the situation.
You can renew a Living Will at any time, and it is wise to update it as your circumstances change or as new treatments become available. At Dubai Expatriate Wills, we can ensure that your wishes are adhered to within the confines of the law, sensitively and ensuring your best interests are represented.
If you would like further information on Living Wills use our conatct form for all conatct details.
