Living Will Lawyers
Clear, sensitive advice on advance decisions and planning for future medical treatment.
Without clear guidance, others may have to decide for you.
Thinking about future medical treatment is not easy. For many people, the real concern is not the treatment itself, but the thought of loved ones having to make difficult decisions without knowing what you would have wanted.
A living will, formally known as an advance decision, allows you to set out the medical treatments you would refuse in certain circumstances if you are no longer able to communicate or make decisions yourself.
Putting this in place can bring reassurance. It gives clarity to family members and guidance to healthcare professionals at what may be an emotional time.
We approach these conversations with care and sensitivity, guiding you through the process and ensuring your wishes are recorded clearly and in a way that meets the legal requirements.
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What does a living will lawyer do?
A living will lawyer advises you on whether an advance decision is appropriate for your circumstances and ensures it is drafted correctly.
This includes:
- Making sure the wording is legally valid.
- Including the specific formalities required for life-sustaining treatment refusals.
- Explaining how the document will operate in practice.
- Ensuring it does not conflict with any existing lasting powers of attorney.
A living will only applies if you lose mental capacity. It allows you to refuse certain treatments, but it does not allow you to request treatment or cover wider care decisions.
How is a living will different from a health and welfare LPA?
A health and welfare lasting power of attorney allows someone you trust to make decisions about your care and treatment if you lose capacity.
A living will sets out your own direct refusal of specific treatments in defined circumstances.
For example, someone may feel strongly that they would not want life-sustaining treatment if they were in a permanent vegetative state with no meaningful prospect of recovery. By putting a living will in place, they provide clear instructions in advance so family members are not left to make that decision alone.
By contrast, an LPA gives a trusted individual the authority to decide at the time, taking into account medical advice and changing circumstances.
Why would someone have both?
Many clients choose to put both documents in place because they serve different purposes.
A living will provides clarity about specific treatments you would refuse.
A health and welfare LPA allows someone you trust to make wider decisions about care, treatment options and living arrangements that are not covered by the advance decision.
For example, you may wish to refuse certain life-sustaining interventions, but still want your spouse or child to decide between treatment options, rehabilitation plans or care arrangements if capacity is lost.
Used together, the documents provide both certainty and flexibility.
Call us on 0808 2562 917 or
Making sure your wishes are understood and respected.
Our living will lawyers advise clients across London and the South East, guiding individuals and families through these important decisions with care and expertise.
We provide:
- Clear advice on whether a living will is appropriate for your circumstances and future planning.
- Careful drafting so your wishes are recorded clearly and without ambiguity.
- Guidance on how living wills operate alongside a health and welfare lasting power of attorney, ensuring both arrangements work together as intended.
- Support with reviewing or updating an existing advance decision if your circumstances or views change.
Our aim is to ensure your wishes are clearly expressed, legally effective and unlikely to create uncertainty for the people who may need to rely on them in the future.
Thomas Mansfield Solicitors is Lexcel accredited, recognised by the Law Society for high standards of client care and practice management. Clients often tell us they value our thoughtful approach and the reassurance of knowing their wishes have been carefully considered and properly documented.
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Planning ahead for future medical decisions can feel daunting, but you do not have to approach it alone.
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Frequently asked questions
Can a living will be ignored by doctors?
If a living will is valid and clearly applies to the situation, it must be respected. However, uncertainty can arise if the wording is unclear or if there is doubt about capacity when it was made. Disputes are more likely where documents are informal or ambiguous. Proper legal drafting reduces this risk. A living will lawyer ensures the advance decision is precise, compliant and aligned with the legal framework.
Can I change or cancel my living will?
Yes. You can amend or revoke a living will at any time while you have mental capacity. It is sensible to review it if your health changes, your views evolve or your family circumstances alter. We can assist with updating an existing document to ensure it remains legally valid and reflects your current wishes.
Do I still need a health and welfare lasting power of attorney?
In many cases, yes. A living will only allows you to refuse specific treatment. A health and welfare LPA allows someone you trust to make broader decisions about care, treatment and living arrangements if you lose capacity. Many clients choose to put both in place so that their specific wishes are clear while also giving someone flexibility to manage wider decisions.
Is a living will legally binding?
Yes, provided it meets the requirements set out in the Mental Capacity Act 2005. It must be made while you have capacity, clearly state the treatment being refused and, if it relates to life-sustaining treatment, contain specific wording and formalities. If valid and applicable to the circumstances, healthcare professionals are legally required to follow it. As living will lawyers, we ensure the document is properly drafted so there is less risk of uncertainty or challenge later.
Is a living will only relevant later in life?
No. While often associated with later life planning, adults of any age can make an advance decision. Some people choose to do so following a diagnosis or major life event. Others see it as part of sensible forward planning. The key requirement is that you have mental capacity at the time the document is made.
Where should a living will be kept?
It should be stored safely but in a way that ensures it can be located quickly if needed. Your GP, close family members and any appointed attorneys should know it exists. Copies can be provided to relevant healthcare professionals. As living will lawyers, we advise on practical steps to ensure your document is accessible while remaining secure.
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Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.