Living Wills…… How do I go about organising one ?

It is possible for you to set out your views as to future medical care.

This can be achieved by what are known as Advanced Directives or Living Wills.

In the absence of legislation in relation to these in Ireland the legal position is quite unclear.

A Living Will is basically a document where you set out the basis on which healthcare decisions should be made if you become mentally incapable or are unable to participate in those decisions.

For example the document might include the request that certain treatment should or should not be given in certain situations if the person is not competent to consent to or to refuse such treatment at the time.

It goes without saying that this document can only relate to lawful treatment (such as the withdrawal of medical treatment)

It  cannot relate to unlawful treatment such as the giving of a lethal injection with no therapeutic effect with the intention of terminating life.

Given the considerable variation in the types of medical intervention which are now possible if you wish to draw up a Living Will you should seek legal advice from a solicitor and also discuss with your doctor who is familiar with your health situation.

We have precedent Living Will documents for use by clients and these are capable of amendment depending on your circumstances.