HOWZAT

You can draw one up yourself, longhand. You may prefer, however, to use a pre-printed form, which may keep ambiguities to a minimum. A number are available: for example, the Terrence Higgins Trust provides a form in return for a donation, or free to those suffering from HIV (Special Advice Service, 020-7812 1735); and the Alzheimer’s Society provides free pre-printed forms (0845 300 0336, www.alzheimers.org.uk).

A living will cannot:

• demand euthanasia or help to commit suicide;

• demand a particular form of healthcare;

• refuse food and drink by mouth (unless in the particular circumstances nutrition and hydration qualify as “treatment”);

• refuse medical treatment maintaining your comfort, for example, appropriate pain relief;

• refuse basic nursing care essential in maintaining comfort, for example, washing, bathing and mouth care.

Why make a living will?

Making a living will lets you discuss with family and friends what you would want to happen if your health deteriorates or you are severely injured. It may relieve relatives and friends of the burden and guilt that can be associated with making such decisions. It also gives you peace of mind.

It is particularly useful to complete a healthcare proxy form (or, after October 1, a continuing power of attorney) if you have complicated family relationships, no obvious next of kin or if the person that you would like your doctors to consult is not a family member.

The practicalities

• ask your GP and consultants to keep a copy of the living will with their medical notes;

• carry a card saying that you have made one (this could be particularly relevant in cases such as Jehovah’s Witnesses refusing blood transfusions);

• tell your family and close friends that you have made one;

• update your living will regularly as its validity could be questioned if it is very old and out of date;

• keep a record of all the people who have copies of it, to make it easier to inform them of amendments.

Publicity and a regular review are key to the success of living wills in all their forms.

Edward Reed is a partner and Melissa Healy a solicitor at the City law firm Macfarlanes

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