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A Living Will is a written, legally binding document that records which medical treatments you want to refuse if you become too unwell to speak for yourself.
At Lyons Solicitors, our Wills and Probate team helps people across Bristol, North and North East Somerset, and South Gloucestershire put a Living Will in place, so that their wishes are known and respected when it matters most.
We understand that thinking about serious illness or end-of-life care can feel daunting. Our approach is straightforward and compassionate; we’ll take the time to explain your options clearly, help you record your wishes in a legally valid document, and make sure your Living Will works alongside any other planning you’ve already done, such as a Lasting Power of Attorney or a Will.
We have teams based in our three offices in Westbury-on-Trym, Kingswood, and Chew Magna. We can also arrange home visits if you’d prefer to meet us at home.
We offer a free first consultation to answer any questions you might have about Living Wills and help clarify your situation.
To book a free initial consultation with our specialist Living Wills solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today. You can use the contact details for each office or fill in the enquiry form on the right-hand side of the page to request a call back.
In law, a Living Will is formally known as an Advance Decision to Refuse Treatment (ADRT), sometimes called an advance directive. The Living Will definition is governed by the Mental Capacity Act 2005 and lets you record in advance your decision to refuse one or more specific medical treatments, should you later lose the mental capacity to communicate your wishes.
An ADRT is legally binding on doctors, nurses, and other healthcare professionals. Provided it meets the legal requirements and applies to your situation, they must follow it, even if doing so may result in your death.
A Living Will can cover a range of medical treatments you wish to refuse. Common examples include:
Your ADRT can be as specific or as broad as your circumstances require. You can also limit it to particular situations, for example refusing a certain treatment only if you have a terminal diagnosis with no prospect of recovery.
These three documents all form part of your end-of-life planning, but they work in different ways.
| Living Will | Lasting Power of Attorney for health and welfare | Advance statement |
|---|---|---|---|
What it does | Records specific treatments you refuse | Appoints someone to make decisions for you | Records your broader values and preferences about your care |
Legally binding? | Yes, if valid and applicable | Yes, once registered with the Office of the Public Guardian | No, but healthcare professionals must consider it |
A Lasting Power of Attorney (LPA) for health and welfare lets you nominate a trusted person to make decisions on your behalf if you lose capacity. An advance statement allows you to express preferences, such as where you’d like to be cared for, but it isn’t legally binding in the same way as an ADRT. Many people choose to have more than one of these documents in place to ensure full coverage.
To be legally valid in England and Wales, an ADRT that refuses life-sustaining treatment must:
If your ADRT doesn’t refuse life-sustaining treatment, it doesn’t need to be put in writing, though doing so is strongly recommended to avoid any doubt about your wishes.
There’s no official Living Will template in the UK or NHS Living Will template, and you’re not legally required to use a solicitor. However, professional advice helps to ensure the document is worded correctly and unambiguously, covers the situations you have in mind, and sits alongside your other planning documents without any conflict.
Your Living Will has no formal expiry date, but your wishes and circumstances can change over time. We’d recommend reviewing yours:
You can withdraw or update an ADRT at any time, as long as you have mental capacity. We can help you make those changes and ensure any updated document is correctly signed and stored.
We believe in being open about Living Will costs from the outset. Our Wills, Probate and LPA fees page sets out full details of our pricing. We’ll always discuss fees with you at your free first consultation before any work begins, so there are no surprises.
Our Wills and Probate team has many years of experience helping individuals and families across Bristol prepare for the future with confidence, and we will ensure you have a Living Will lawyer with many years of experience. Anna O’Hara, a Partner and TEP (Trust and Estate Practitioner), leads the team with specialist knowledge across living Wills, Wills, trusts, and inheritance tax planning.
If you’ve received a serious or terminal diagnosis that has prompted you to put a Living Will in place, the firm can also offer joined-up support. Should you have concerns about your treatment or diagnosis, Duncan Shaw, a Partner with more than 25 years of experience in medical negligence, is available to advise on any clinical negligence concerns.
We know that conversations about future medical care are deeply personal. We can explain the Living Will meaning, and discuss issues such as what to include in a Living Will and the advantages of a Living Will vs advance directive.
We’ll always listen carefully, explain the legal requirements in plain English, and ensure your Living Will reflects exactly what you want. We’re always happy to communicate in the way that’s easiest for you, whether that’s by telephone, video call, or in person at one of our offices. Home visits can be arranged if you’d prefer.
We help clients throughout Bristol, at Chew Magna, Kingswood and Westbury-on-Trym, and across North and North East Somerset and South Gloucestershire.
Yes, provided it meets the requirements set out in the Mental Capacity Act 2005. If your ADRT is valid and applicable to the situation, healthcare professionals are legally obliged to follow it.
A Living Will lets you refuse specific treatments in advance. A Lasting Power of Attorney for health and welfare lets you appoint someone else to make decisions for you. The two work well together: your attorney can make decisions your ADRT doesn’t cover, while your ADRT provides clear direction on the specific treatments you’ve addressed.
You’re not legally required to use a solicitor. However, professional advice helps to ensure your document is correctly worded, unambiguous and legally valid, particularly if you want to refuse life-sustaining treatment. A solicitor can also help you think through how your Living Will fits with an LPA or Will.
The cost varies depending on the complexity of your wishes and whether you need advice on related documents. We publish our fees on our Wills, Probate and LPA fees page, and we’ll talk through costs openly at your free first consultation.
No. A valid and applicable ADRT must be followed by healthcare professionals, even if family members disagree. This is one of the reasons it’s so important that your document meets all the legal requirements and is worded clearly.
Without an ADRT, healthcare professionals will make treatment decisions based on what they believe is in your best interests, consulting family members where possible. Without an LPA, your family has no formal authority to make decisions on your behalf, which can be very difficult at an already stressful time.
An ADRT has no fixed expiry date. It remains valid until you withdraw it, update it, or act in a way that is clearly inconsistent with it. We recommend reviewing yours regularly and after any significant change in your health or wishes.
Keep the original somewhere safe and tell your next of kin where it is. Give a copy to your GP so it can be added to your medical records. If you’re admitted to hospital, make sure the admissions team is aware of it. Some people also carry a card or note indicating that they have an ADRT.
We offer a free first consultation to answer any questions you have about Living Wills and advance decisions, and to help you decide on the right approach for your situation.
If you are considering writing a Living Will, we invite you to book a free initial consultation with our Living Wills solicitors in Chew Magna, Kingswood or Westbury-on-Trym, please get in touch today. You can use the contact details for each office or fill in the enquiry form on the right-hand side of the page to request a call back.
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