Living wills or Advance directive. 1

[jugs]

Living wills or Advance directive.

As mrs jugs is going in for a quadruple bypass soon, it got us thinking what happens if things go tits up, say a massive stroke etc, what kind of treatment do we want, what kind of life do we want.
In such situations, it’s almost impossible to make any form of rational decision, you really need to have done some “what ifs”, then commit the ideas to paper. This tells everyone your preferences at a time when you may not be in a position to make decisions for your self.

Just download something off ‘tinternet’ easy, well no it isn’t.
Google Living will=32,900.000 hits, 706,000 in uk. Advance directive =1,230,000 hits, 233,000 in uk. Most are trying to sell something, every solicitor & his dog, even TESCO are pitching.
Jan & I have done a lot of research into the subject and found all the downloadable ones wanting, too vague, too complicated, unreadable etc.
So we’ve gone back to first principles & written what we think is a simple sensible concise document. (3 pages)

We are posting it on here in the hope it will be of use some / all of you. Copy into Word & alter to suit your circumstances. Before such a document is produced, it is important to discuss it with family & GP. (the law in scotland may be different)

Making a will won’t kill you, neither will this.
Just imagine being awake, locked in a body that will never move again, kept alive on a ventilator for 10yrs & YOU can’t tell them to pull the plug.

Some links-
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029683

http://www.christie.nhs.uk/patients/booklets/text/livingwills/default.aspx


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Advance Directives About My Future Medical Treatment
(Living Will)

To my family, my medical team (including two independent doctors, one of which is a consultant ) and other healthcare professionals, and all other persons concerned.

I,(Name) ……………………………………………………………….. date of birth ……/……/…….

Of Address) …………………………………………………......

make this advance statement/decision of my wishes regarding future medical treatment in case I become unable to communicate these wishes by virtue of physical or mental incapacity.
I confirm that when making this directive, I am of sound mind with the mental capacity to comprehend the nature and consequences of my decisions and that I have not made it under the influence or harassment of anyone else and have arrived at the following decisions after careful consideration. (see page 3)

My decisions will stand even if my life is at risk.

I do not want any treatment that can only prolong my dying.

In respect of medical treatment in general; My decisions are:-

I refuse medical treatment to prolong my life or keep me alive by artificial means if: -

1. I have a serious physical illness from which there is no reasonable expectation of recovery, and my life is sustainable only by medical treatment and artificial means,
I do not wish to be subjected to medical treatment which is solely to prolong my life.

2. I suffer from severe and permanent mental impairment, and my physical condition is such that medical treatment is required to keep me alive, I do not wish to receive that treatment.

3. I become permanently unconscious (coma) with no likelihood of regaining consciousness, I do not wish to be kept alive by artificial means.

4, I am in a Persistent Vegetative State (PVS) and have been so for a period of at least………. months and from which I am unlikely to recover.

In any of the above situations, If I suffer a cardio-respiratory arrest, I do not wish resuscitation to be attempted.

I do wish to receive the following medical treatment:-

-any medical treatment that will alleviate pain or distressing symptoms and will make me more comfortable.
I understand that the result of this treatment may shorten my life.

I consent to any acts or omissions undertaken in accordance with my wishes and I am grateful to those who respect my free choice. I reserve the right to revoke or vary these conditions but otherwise they remain in force.

If, just before I die, any of my organs should be of value to others, I give consent to their removal for the purpose of transplantation.

After my death my body should be used for the study of anatomy.


Cont..


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Additional decisions on medical treatment:
Please include any further decisions here.


I do not want to receive the following medical treatment:
Please indicate as appropriate.(e.g. blood transfusions etc)


I do not want treatment that can only prolong dying.
*************************

General Practitioner (GP)I have discussed this directive with my GP before signing it. Please indicate as appropriate. Yes No
GP contact information:

Name……………………..

Address…………………..

Telephone………………..

GP Signature………………………………….. Date……/……/……

I have given a copy of this document to the following people:
Please indicate as appropriate below, giving the full name for each.
General Practitioner (GP):…………………………………………………….

Consultant:……………………………………………………………………………..


Husband, wife, civil partner, partner:…………………………………………….


Other relative:………………………………………………………………………….


Friend of long standing:………………………………………………………………


This is the advance directive of: Full name………………………………….

Address……………………………………………………………………………………

Your signature………………………………………………….Date……/…../…..

Print name……………………………………………………….

Witnesses
Your witness should be anyone other than your husband, wife, civil partner, partner, relative or a beneficiary in your will. Two witnesses are required.
I confirm that the above named signed this directive in my presence.

1st Witness’s signature………………………………………Date……/……/……

Print name………………………………………………………

Address…………………………………………………………………………………..

2nd Witness’s signature………………………………………..Date……/……/…..

Print name………………………………………………………..

Address…………………………………………………………………………………..


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(This is a decision table, it worked in Word )
(Title) Some matters I have considered when planning this advance directive

(these are headings for 5 collums- Would prefer to die .Would probably prefer to die. Uncertain either way. Would probably prefer to live . Eager to stay alive)

(heading for coll 1) Opinion about the following situations

Permanent loss of sight, speech, hearing & touch.
Any 3 of above.
Any 2 of above.
Any 1 of above.

Totally dependent on others. Needs to be fed.
Aware but unable to communicate
Confused and very poor memory
Alzheimer's
Brain damage. In Coma.
If consciousness regained markedly impaired
Persistent Vegetative State (PVS)
Constant uncontrolled pain
Terminal Illness,
not necessarily cancer
Permanent incontinence
Paraplegic but other wise healthy
Quadriplegic but other wise healthy

 

[Archie]

I think you're dead right to make a living will. Shocking choice of phrase, sorry! My grandmother's made one and is forever pointing out people half her age and exclaiming "If I ever get like that I want you to put me down!"

On a related note, good luck for the op. I'm sure it'll go just fine. My uncle had a quad and he was up and about in no time.

 

[JimM]

Yes, very sensible to think about this and do something about it.

Here's hoping that you never have to enforce it though, all the best to your Mrs with the op.

 

[rtbcomp]

Good luck to Mrs Jugs. I'd have a word with The Citizen's Advice Bureau, a free initial interview with a solicitor or even a charity, the CAB may be able to put you in touch with an appropiate organisation.

I don't think living wills have the same legal status as a conventional one and it's the sort of area enthusiastic amateurs and cowboys exploit.

 

[jugs]

Good luck to Mrs Jugs. I'd have a word with The Citizen's Advice Bureau, a free initial interview with a solicitor or even a charity, the CAB may be able to put you in touch with an appropiate organisation.

I don't think living wills have the same legal status as a conventional one and it's the sort of area enthusiastic amateurs and cowboys exploit.

Thanks for the good wishes, lads

The advice from CAB is surprisingly poor as is the government info, solisitors will draw up an overly complicated one for a large fee.

A Living Will (legally referred to as an Advance Decision in England and an Advance Directive in Scotland), is a document setting out the circumstances under which you would not want to receive life-sustaining medical treatment if you became seriously ill in the future and were incapable of making your own healthcare decisions.

They can be cancelled at any time, either verbally or in writing, while you still have capacity to do so.

In England, valid and applicable Advance Decisions are legally enforceable under the Mental Capacity Act 2005 and must be followed by healthcare professionals.

In Scotland, Advance Directives are not legally enforceable under the Adults with Incapacity (Scotland) Act 2000, but one of the general principles of the Act states that the wishes of the adult should be taken into consideration when acting or making a decision on their behalf.

These are simple documents to tell doctors what you have decided, at a rational time, with your famly and saves your loved ones a lot of heartache and possibly years of guilt (did we make the right decision was it what he/she really wanted).

Another link here

 

[snowcat]

One of the things thats a must is to have power of eterny as part of the will, we've just had legal wrangling with my mother, who has damensa...... If she had left legal entitlement when she was of sound mind it would have made our job hugely easier, and ultimately cheeper......


As for wills circumstances change, so its important there kept to date, also if you've got any more cash in the pot than 16K try and make the surplus, available to kids, etc...... over wise the government will simply take your hard earned for you or your wifes care, and eventually your house if your the last to go.....

Id be careful with el cheapo solicitors and there advice like many things in life you get what you pay for, and a good en may charge you £500 hr, but take only an hour to get it right a crap one may take twice as much in dribs and drabs, and still leave you up the swanny if worse comes to worse, GET one recomended.....

IMHO this sort of thing essentially needs to be done 100% correct, even slightly incorrect wording will render the whole document wrong....and personally id tread careful on all internet advice on something so important as often its wrong......

I'm dealing with all my mothers legal side at the mo, so its very fresh in my mind.......

 

[scarecrow]

My advice would be to go to a good solicitor I know they charger ridiculous amount of money for doing bugger all but could save you a lot in the long run. I hope Mrs jugs will be okay sorry to hear about your mum snowcat
I think I leave everything to the cats and dogs home well maybe leave the dogs and cats home the love that

 

[Paul.]

I had to obtain enduring power of attorney for my father, when he was diagnosed with dementia, we originally looked at a diy method but eventually used a solicitor, it was about £250. but money well spent. while he was ill I was able to make sure that his money was used for the things he needed instead of the state sticking its nose in, and when he died all the legalities were covered properly.

 

[snowcat]

sorry to hear about your mum snowcat
:

thanks scarecrow, The form she has is lewy dementia, bought on from Parkinson's, which shes had from her early 60s, although its been very mismanaged and poorly diagnosed by our local health authourity...

she could live a normally reasonable life up to about six months ago when she turned among other things violent, and was firstly sectioned (for her own protection) and now we have her in a private nursing home, which luckily are willing to wait for there money, as we have a solicitors letter saying funds are available, and will be free within the next few months....

dementia dispute what the common belief, is as much a disease as Cancer is, and goes about destroying the brain, little seams to have been done about it as its considered inevitable, and only affecting the old, in my mothers case this was 60........... much more could be done to not cure it, but prevent it, and I only wish that we had taken my mother from NHS and into private care, 10 years ago.......

So my advice Jugs would be bite the built and get a solicitor involved, be worth it in the long run......

 

[jugs]

thanks scarecrow, The form she has is lewy dementia, bought on from Parkinson's, which shes had from her early 60s, although its been very mismanaged and poorly diagnosed by our local health authourity...

she could live a normally reasonable life up to about six months ago when she turned among other things violent, and was firstly sectioned (for her own protection) and now we have her in a private nursing home, which luckily are willing to wait for there money, as we have a solicitors letter saying funds are available, and will be free within the next few months....

dementia dispute what the common belief, is as much a disease as Cancer is, and goes about destroying the brain, little seams to have been done about it as its considered inevitable, and only affecting the old, in my mothers case this was 60........... much more could be done to not cure it, but prevent it, and I only wish that we had taken my mother from NHS and into private care, 10 years ago.......

So my advice Jugs would be bite the built and get a solicitor involved, be worth it in the long run......

Sorry to hear that snowy, I don’t envy you having to handle that lot.

The worst thing with dementia is there’s never a good outcome for the sufferer or the family, at least with most other disease’s you either get better or die. Don’t let this dreadful disease bring you or your family down as so often happens, the sad thing is she could “live” like that for another 20 yrs.

There seems to be a mix up over terms,
A normal “Will”, deals with your estate (Goods, chattels, property, cash, tax liabilities, etc.) after death, & unless it is a very simple ‘Will’, probably needs a solicitor involved.

'Advance directives/decisions', also mistakenly called “Living wills”, are your predetermined instructions for your personal medical care in situations where you are unable to communicate your wishes. For this, a solicitor is as useful as a chocolate teapot.

You need to talk to your GP & close family, research any hereditary illnesses to see what your end will be like, then decide what YOU want, and get it down on paper.