The Advance Directive is also referred to as a Living Will.
Up until 2007 the Advance Directive was merely an expression of wishes. The Mental Capacity Act 2005 however made the Advance Directive legally binding upon the medical profession.
Where a person makes a Lasting Power of Attorney – Health and Welfare that LPA supersedes the Advance Directive.
Nowadays people have two choices. They can make an LPA – Health and Welfare, incorporating the contents of an Advance Directive into the LPA. Alternatively they can make an Advance Directive.
If a person has made an LPA Health and Welfare, and then subsequently makes an Advance Directive then the contents of the Advance Directive override the LPA Health and Welfare.
Should You Make an LPA Health and Welfare or and Advance Directive
Without knowing your circumstances it is hard to give specific advice. Both documents provide advantages over the other in certain circumstances.
To discuss the pros and cons of each document please call us.
Advance Directives Explained
An Advance Directive is a direction (by the person signing the document) to their doctor and the medical profession that should they be diagnosed with one of a number of terminal illnesses then they wish for the pain to be controlled with drugs, but they do not wish to receive medication that would extend their life.
In short, they regard quality-of-life as more important than life itself.
Liverpool Care Pathway
The Liverpool Care Pathway (“LCP”) is designed to provide a common approach to palliative care for the severely terminally ill and dying.
Initially it was introduced in the University of Liverpool and was (until July 2013) regarded as ‘best practice’ in many NHS hospitals across the UK.
The LCP has however attracted bad publicity as patients have found themselves on the plan without their consent (or the consent of their family). Rumours exists that the NHS receives a bonus for each and every patient put on the plan. (See The Telegraph article)
Another article by the Telegraph advises how one patient who was taken off the LCP lived for a further 14 months.
‘Euthanasia via the back door’ appears in a number of other similar articles. Just search on Google.
Why do we mention this on our website? The answer is because it shows how important it is that you should make a Lasting Power of Attorney Health and Welfare -
