An Advance Directive, or “Living Will” is a document which allows you to provide details of your wishes in relation to any medical treatment should you be unable to communicate those wishes in the future.
Essentially, if you do not want to be given certain medical treatment or undergo certain medical procedures at any point in your lifetime, having an Advance Directive in place ensures your decisions made while you have the capacity to understand and communicate those decisions are taken into account, should you lack the capacity to understand and communicate those decisions at the time the medical treatments are to take place.
An Advance Directive can allow you to refuse any medical treatment including life-sustaining treatment, such as: CPR; ventilator equipment; medication or artificial hydration.
If you think an Advanced Directive may be relevant to your circumstances, we advise that you contact a trusted Living Wills and Advanced Directives Solicitor for advice.
Clients benefit from an Advance Directive by having the opportunity to be in control of the decisions made for them in life-threatening situations. It also allows medical staff and family members to be aware of your preferences in the event that decisions about you have to be made and you are unable to make them for yourself.
It is a Doctor’s duty to act in your best interests and do all that they can to keep you alive (including invasive surgery or treatment) unless an Advance Directive has been made and states otherwise.
An Advance Directive can help provide reassurance for those tasked with making those decisions on your behalf, be it family members, attorneys or guardians, at what can be a stressful time that they are following your wishes. It can also assist where there may be potential conflict to explicitly state your wishes ahead of time.
The Law in Scotland states that an Advance Directive can be made if you have the capacity to do so and the treatments refused are relevant to your current medical situation at the time the document is made.
Our highly experienced Living Wills and Advanced Directives Solicitors are increasingly being approached by clients who are curious about their options in this regard and have concerns for what will happen to them should they lack capacity in the future.
Capacity describes your state of mind at the time a particular decision has to be made. If you can make, understand and communicate a decision as well as having the ability to remember the decision made, then you will be considered as having capacity. Should any of these factors be absent, you may be considered as lacking capacity.
Scullion LAW is dedicated to providing a superior level of client care and guarantees that you will receive clear, uncomplicated legal advice in an open and friendly environment at all times. Our Solicitors will advice, draft and take you through the whole process of creating your Advance Directive. We will also continue to work with you on amending and updating the document periodically to ensure your decisions continue to reflect your wishes.
Our highly knowledgeable team are also trained Dementia Friends – working with Alzheimer Scotland ‘Action on we regularly see the effect of dementia has on people and their families and can see there are lots of people living with dementia in our community and feel it is our duty to support them. Understanding people is core to everything we do.
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0141 374 2121