Advance Care Planning

Living Will & Advance Healthcare Directive

An advance decision to refuse treatment (ADRT) — sometimes called a living will — allows you to record your wishes about medical treatment in advance. We help you put in place a legally binding document that healthcare professionals must follow.

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What Is a Living Will?

A living will — formally known as an Advance Decision to Refuse Treatment (ADRT) — is a legal document that records your wishes about specific medical treatments in advance. It comes into effect only if you lose the mental capacity to make or communicate decisions for yourself.

Under the Mental Capacity Act 2005, a valid ADRT is legally binding on healthcare professionals. They must follow it even if they believe a different course of treatment would be in your best interests. This gives you control over your medical care at a time when you may not be able to speak for yourself.

A living will is not the same as a Lasting Power of Attorney for Health and Welfare — though both can form part of a complete advance care plan. An LPA appoints someone to make decisions on your behalf; an ADRT records specific decisions you have already made. We can advise on both.

Key Facts

Legally Binding

A valid ADRT is legally binding on healthcare professionals. They must follow it even if they disagree with your decision.

Must Be in Writing

An ADRT refusing life-sustaining treatment must be in writing, signed, witnessed, and include a statement that it applies even if life is at risk.

Can Be Changed

You can change or cancel an ADRT at any time, provided you have mental capacity to do so. Verbal cancellation is sufficient.

Different from an LPA

An ADRT is not the same as a Lasting Power of Attorney for Health and Welfare. Both can work together as part of a complete advance care plan.

A Complete Advance Care Plan

A living will works best as part of a wider advance care plan. We can advise on all the documents that together give you the greatest control over your future care.

This Page

Advance Decision to Refuse Treatment (ADRT)

Records specific medical treatments you wish to refuse. Legally binding if valid and applicable.

Lasting Power of Attorney — Health & Welfare

Appoints a trusted person to make health and welfare decisions on your behalf if you lose capacity.

Lasting Power of Attorney Solicitors →

Statement of Wishes

A non-binding document recording your general preferences for care, treatment, and end of life — to guide those making decisions on your behalf.

Wills & Estate Planning →

Our Advance Care Planning Team

Laura Kirton

Wills & Probate Solicitor · 10 Years Qualified

Advance Care Planning

Laura advises clients on all aspects of advance care planning — including advance decisions to refuse treatment, Lasting Powers of Attorney for Health and Welfare, and end of life planning. She brings a calm, sensitive approach to what can be a deeply personal subject.

Darren Steele

Senior Private Client Executive · STEP Member

LPA & Advance Planning

Darren has worked in the legal sector since 1998 and has been a STEP member since 2011. He specialises in Lasting Powers of Attorney and advance care planning — helping clients put in place a complete framework for managing their affairs and healthcare decisions.

Frequently Asked Questions

What is a living will?

A living will (formally known as an Advance Decision to Refuse Treatment, or ADRT) is a legal document that records your wishes about medical treatment in advance — in case you lose the mental capacity to make or communicate decisions in the future. It allows you to refuse specific medical treatments, including life-sustaining treatment.

Is a living will legally binding?

Yes — a valid ADRT is legally binding under the Mental Capacity Act 2005. Healthcare professionals must follow it if it is valid and applicable to the situation. For an ADRT refusing life-sustaining treatment to be binding, it must be in writing, signed by you in the presence of a witness, and include a statement that it applies even if your life is at risk.

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

A living will (ADRT) is a document in which you record specific treatment decisions in advance. A Lasting Power of Attorney for Health and Welfare appoints a person (your attorney) to make health and welfare decisions on your behalf. They serve different purposes and can be used together. An ADRT is binding on healthcare professionals; an LPA gives your attorney authority to make decisions within the scope of the LPA.

What can I include in a living will?

You can use an ADRT to refuse any medical treatment — including cardiopulmonary resuscitation (CPR), artificial ventilation, artificial nutrition and hydration, and other life-sustaining treatments. You cannot use an ADRT to request specific treatments, to refuse basic care (such as pain relief), or to ask for anything that is illegal.

Do I need a solicitor to make a living will?

You are not legally required to use a solicitor, but a solicitor-drafted ADRT is far more likely to be valid and to achieve your intentions. An ADRT that does not meet the legal requirements may not be followed by healthcare professionals. We strongly recommend taking legal advice, particularly if you wish to refuse life-sustaining treatment.

What is advance care planning?

Advance care planning is the broader process of thinking about and recording your wishes for future care — including medical treatment, place of care, and end of life preferences. It may include an ADRT, a Lasting Power of Attorney for Health and Welfare, and a statement of wishes. We can advise on all aspects of advance care planning.

Speak to Our Team

We can advise on living wills, advance decisions to refuse treatment, and all aspects of advance care planning. Contact us for a no-obligation discussion.

01244 757 352 info@pdalaw.co.uk