An “Advance Medical Directive” (also known as “Living Will”) is a document which allows you to express your wishes to your family and health care professionals about medical and healthcare treatment you may require in the future if you have lost capacity and you are unable to make such decisions yourself or express your wishes due to an illness.
An Advance Medical Directive is a written document which sets out certain circumstances where you do or do not want certain medical or healthcare treatment to be administered. For instance, this could be if you become permanently unconscious, with no likelihood of regaining consciousness, and in such case, you do not want to be kept alive by medical treatment.
Do I need a Will and a Power of Attorney if I prepare an Advance Medical Directive?
The short answer to this question is “yes”.
An Advance Medical Directive is a different and separate document from your Will and Power of Attorney.
A Will only becomes enforceable after your death, and it deals with the distribution of your estate after your death.
A Power of Attorney grants your attorney(s) certain powers to make decisions concerning your finances and property and/or welfare during your lifetime if you become unable to make those decisions yourself due to incapacity. The welfare attorney appointed under a power of attorney will therefore have powers to make decisions on your behalf about medical treatment, but he/she might not be familiar with your preferences and when making any such decisions for you, they should take account of your wishes. An Advance Medical Directive therefore allows you to provide your decision in advance yourself so it can be taken into account.
Why is it useful to have an Advance Medical Directive in place?
Although there is no legal authority in Scotland as to whether an Advance Medical Directive refusing medical treatment is binding in Scotland, recent cases and legislation in the rest of the UK suggest that they are becoming an accepted way of confirming your views in advance and therefore they are likely to be taken into consideration by medical professionals and your family.
If you have an opinion about certain types of medical or healthcare treatments that you do or do not want to receive in certain circumstances, you should record this in writing by way of an Advance Statement so it can be considered.
It is also helpful to discuss your views with your family, your doctor and your attorney acting under a power of attorney, so they are familiar with these.
Having an Advance Medical Directive in place can be of great assistance to your loved ones if they ever require making difficult decisions for you and it can give them reassurance that they are respecting your wishes.
If you choose to put in place an Advance Medical Directive, it is recommended that you review this from time to time to confirm that your views and preferences have not changed since the date when you prepared this.
If you would like to receive more information about an Advance Medical Directive, please do not hesitate to contact a member of our Personal Law Team.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.