Living Wills and Advance Decisions

Helping you set out clear decisions about future medical treatment.

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Tailored, compassionate advice on advance decisions

A serious accident or sudden illness can leave someone unable to make decisions about their own medical care, often with no warning. A living Will, also known as an advance decision, allows you to record specific decisions about medical treatments, should you lose the capacity to make these decisions yourself.

Our living Will solicitors take a measured, considerate approach, helping you put your wishes into a document that is recognised and respected when it matters most.

Key Contact

Trish Watkins

Senior Associate (FCILEx)

Who would a living Will benefit?

Anyone over the age of 18 with the mental capacity to make decisions can put a living will in place. Many people choose to do so alongside other future planning, such as a Lasting Power of Attorney. A living Will is particularly valuable for those who have strong views about specific treatments, those living with a progressive or terminal illness, and families who would otherwise be left to guess what a loved one would want.

How to make a living Will

A living Will must meet certain legal requirements to be valid and binding.

It needs to be made when you have the mental capacity to understand the decisions involved.
It must be put in writing, signed by you, and witnessed.
If your living Will includes a refusal of life-sustaining treatment, the document must include a specific statement to that effect.

We work with you to make sure your living Will is drafted clearly and meets all of these requirements. Vague or poorly worded living Wills can create uncertainty for medical professionals, so we take care to ensure each scenario is addressed in precise, unambiguous language.

What can be included?

A living Will can cover a range of treatments and circumstances, depending on your wishes. Many people use it to refuse specific interventions, whilst others use it to record broader wishes about their care, including preferences around pain relief.

It cannot be used to request a particular treatment or to ask for anything unlawful, such as assistance with ending your life. Its function is to refuse treatment, not to direct it. We can talk through which decisions are appropriate to include and help you express them clearly.

Why choose Goughs

Our living Will solicitors combine expert advice with a supportive approach. We know that putting a living Will in place often means confronting difficult possibilities, and we aim to make that process as comfortable as can be.

We have offices based across seven locations in Wiltshire, so you can access expert advice close to home, from a team that takes the time to understand your circumstances and wishes. We will guide you through each requirement carefully, giving you the confidence your living will is valid.

Speak to a solicitor

Whether you are considering making an advance decision, or you have questions about how to record your future medical treatment wishes clearly, our solicitors can help. You can call, email or come into one of our seven offices.

Call us

With seven offices around the South West of England, we have multiple offices you can call.

Select the office to call

Email us

If you would like to drop us an email you can on info@goughs.co.uk

Visit us

With offices in Calne, Chippenham, Corsham, Devizes, Melksham and Trowbridge, you can pop in and see us. View office locations.

Speak to our advanced decision solicitors today

Your local Will writers since 1882

Living Will FAQs

What is the difference between a living Will and a Lasting Power of Attorney?

A living Will allows you to set out specific decisions about future medical treatment in advance, taking effect automatically if you lose capacity, without needing anyone to act on your behalf. A Lasting Power of Attorney appoints a person you trust to make decisions about your care and treatment if you are unable to do so yourself. Many people choose to put both in place, as they work well together.

Is a living Will legally binding?

Yes, provided it meets the legal requirements for validity. A properly made living will must be followed by doctors and other medical professionals, even if family members disagree with the decisions.

Can I change or cancel my living Will?

You can change or revoke a living Will at any time, as long as you still have the mental capacity to do so. If your circumstances or wishes change, we would always recommend reviewing your living Will to make sure it still affects your views, particularly after a significant change in health or family circumstances.

Does a living Will cover financial decisions?

No. A living Will relates only to medical treatment and care decisions. If you also want someone to manage your property and financial affairs should you lose capacity, you would need a separate Lasting Power of Attorney for property and financial affairs. We can advise on both together as pare of a wider plan for the future.

Our clients rate us as excellent

Legal 500

Client orientated; they ensure the client is well informed with easy to read documents.

L C, Devizes

Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.

Sue Greenman

Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.

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