Want to set up a Living Will? A brief guide to definitions from solicitors at Andrew & Andrew

solicitors in-portsmouth

Across the world, people are living longer.

This obviously has many advantages for everybody; they will get to see their grandchildren grow up, they will be able to have more fun experiences and of course, they will be able to relax after a life of working.

But, it is a delicate and unfortunate truth that as some people age, they become incapable of managing their own affairs. And, if a person knows of a hereditary disorder that may make them unable to handle finances, they may choose to make a Living Will or/ and an Advanced Medical Decision, to take the pressure off of their family, should the unforeseen happen suddenly.

As legally standing documents in the UK, should your loved one wish to have a Living Will and/or an Advanced Medical Decision made, they will need to seek legal representation to do so.

At Andrew & Andrew, our solicitors in Portsmouth are proud to be able to offer our clients services that include the writing of both a Living Will and an Advanced Medical Decision, allowing you and your family peace of mind. We can also assist your loved one with the writing of a will and naming a Power of Attorney. Perfect!

If you are new to the terms Living Will and Advanced Medical Decision, you will probably have a few questions. The top 5 FAQs relating to these terms and others are answered below by our solicitors in Portsmouth.

What is the difference between a Living Will and an Advanced Medical Decision

There isn’t really a significant difference; as our solicitors in Portsmouth will inform you, both of these documents are concerned with medical issues and treatment whilst you or your loved one are still alive. They cannot be used to determine next of kin and do not have any link to probate law.

What is an Advanced Medical Decision?

This term applies to decisions about medical care being made in advance of your need for them; for instance, if you do not want to be placed onto life-sustaining treatments, you can state this in this document.

What is a Living Will?

Living Wills are becoming more commonly used in the UK, due in part to the rise in conditions such as Alzheimer’s and dementia.

Simply, a Living Will is an advanced declaration about treatments you may be given due to a future illness but you may not be able to communicate due to other medical issues.

What if I don’t know which treatments I may want?

In such cases, you may find it easier to appoint a Lasting Power of Attorney Health and Welfare (LPA HW), which will usually be a relative, to make such decisions on your behalf should the need arise. This person will then be legally bound to make choices in relation to your welfare, medical treatments and palliative care.

Be aware that having both a Living Will and an LPA HW can create potential conflicts, so discuss your choice with our team.