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.
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.
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.
Learn more →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.
Learn more →Our Advance Care Planning Team
Laura Kirton
Wills & Probate Solicitor · 10 Years Qualified
Advance Care PlanningLaura 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 PlanningDarren 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?
Is a living will legally binding?
What is the difference between a living will and a Lasting Power of Attorney?
What can I include in a living will?
Do I need a solicitor to make a living will?
What is 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.
Speak to a wills and estates solicitor today. Sensitive, professional advice — costs explained clearly before any work begins.
No obligation — talk through your options first. Chester, Cheshire & North Wales.