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Living wills

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susan hall

Sue Hall

Director

Head of Wills and Probate

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Tammy Morgan

Solicitor

Wills and Probate

Email Tammy

Have you planned for your later life?

Have you particular wishes regarding your care if you fall ill?

In addition to making a will for when you die, you can also make a living will which conveys your express wishes while you are still alive.

In your living will, you can include an ‘advance directive’ which is legally binding. This would enable you to give or refuse consent to medical treatments, taking effect if you were unconscious, lacked capacity to make decisions or unable to communicate for yourself.

For example, you can leave instructions about blood transfusions, being resuscitated or whether you want to give or receive organ donation. Under an advance directive, doctors and medical professionals have to follow your wishes even if they disagree with them.

You can also leave in-depth instructions about your preferences in other foreseeable situations, taking away some of the uncertainty about your future. This is known as an ‘advance statement’ and is not legally binding but should be taken into account. Medical staff should consider your wishes whist they act in your best interests. This could cover your religious beliefs and food preferences that you wish to be respected.

When making a living will it is also a good opportunity to consider appointing people you trust with a power of attorney. Depending on what you decide, they could make decisions on your behalf about your healthcare as well as your financial assets if you are unable to.

You can make a living will even if you are currently in residential care. If you are unable to come to our offices, as part of our elderly client care service, we can come to you.

Based in Stoke-on-Trent, Staffordshire, our specialist wills and probate solicitors provides services throughout Staffordshire and Cheshire.  To find out more, contact  our wills and probate solicitors or call 01782 577000.

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