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Living Will (Advance Decision)

What Is an Advance Decision to Refuse Treatment?

A living will, often referred to in England and Wales as an Advance Decision to Refuse Treatment (ADRT), is a legal document that allows you to record decisions about certain medical treatments you do not wish to receive in the future if you lose the capacity to make or communicate those decisions yourself. Unlike a traditional will, which deals with your estate after death, a living will relates to healthcare decisions during your lifetime.

The NHS's guidance on Advance Decisions to Refuse Treatment is the definitive starting point on how these work in practice. It can help ensure your medical wishes are understood and respected if you become unable to express them yourself.

What Is a Living Will?

A living will, often referred to in England and Wales as an Advance Decision to Refuse Treatment (ADRT), is a legal document that allows you to record decisions about certain medical treatments you do not wish to receive in the future if you lose the capacity to make or communicate those decisions yourself.

Unlike a traditional will, which deals with your estate after death, a living will relates to healthcare decisions during your lifetime. The NHS’s guidance on Advance Decisions to Refuse Treatment is the definitive starting point on how these work in practice.

It can help ensure your medical wishes are understood and respected if you become unable to express them yourself.

Probate FAQs

What Can a Living Will Cover?

A living will may include decisions about refusing specific medical treatments in defined circumstances.

Examples may include certain life-sustaining treatments, artificial ventilation, cardiopulmonary resuscitation (CPR) where appropriate, and artificial nutrition or hydration in specific situations.

The document should be clear and specific so healthcare professionals can understand your wishes.

What Can't It Do?

A living will cannot require doctors to provide treatment that is not clinically appropriate, request assisted dying (which is subject to the law in the relevant UK jurisdiction), or appoint someone to make decisions on your behalf.

If you want another person to make healthcare decisions for you, you should consider a Health and Welfare Lasting Power of Attorney, where available and appropriate.

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Living Will vs Traditional Will

Because they serve different purposes, many people choose to have both a living will and a traditional will.

Living Will vs Lasting Power of Attorney

These documents are often confused. A living will records your own decisions about specific treatments.

A Health and Welfare Lasting Power of Attorney allows someone you trust to make certain healthcare decisions on your behalf if you lose capacity, subject to the legal framework and any applicable advance decisions.

In some cases, people choose to have both documents as part of their wider future planning — if you already have an LPA and need to have it registered, our guide to registering an LPA explains that process.

Common Mistakes When Applying for Probate

Why Consider a Living Will?

People may choose to prepare one because they want to record their treatment preferences, reduce uncertainty for family members, help healthcare professionals understand their wishes, support future care planning, and maintain greater control over important healthcare decisions.

Should You Seek Professional Advice?

Although it is possible to prepare a living will yourself, some people prefer professional advice to ensure the document clearly reflects their wishes and complies with the relevant legal requirements.

You may also wish to discuss your decisions with your GP, specialist healthcare team or a solicitor experienced in this area.

What happens after you apply for probate?

Reviewing Your Living Will

You should review your living will if your health changes significantly, you receive a new diagnosis, your personal wishes change, or medical treatment options evolve.

Regular reviews help ensure the document continues to reflect your intentions.

Compare Legal Professionals Near You

Planning for the future often involves more than writing a traditional will. If you’re considering a living will or would like advice about future healthcare planning, Find a Funeral can help you compare experienced legal professionals who specialise in wills, estate planning and Lasting Powers of Attorney.

Frequently Asked Questions

Here are some frequently asked questions we receive.

An Advance Decision may be legally binding if it meets the legal requirements and applies to the circumstances in question.

No. A living will concerns medical treatment during your lifetime, whereas a traditional will deals with your estate after death.

Yes. You can amend or revoke it while you have the mental capacity to do so.

Some people choose both, as they serve different purposes. Whether this is appropriate depends on your individual circumstances.