When you have the capacity, you make your own decisions about your medical treatment and personal welfare - however, what happens when you lack the capacity to do this?

Living Will

When you lack the mental capacity to make decisions regarding your medical treatment, your doctor will have to make a decision on your behalf “in your best interests”. The doctor will take into account the views of whoever you have named as your Next of Kin (not necessarily a family member) but are not obliged to agree with them.

By making a Living Will, you can direct what decisions your doctor should make in certain circumstances and appoint someone to be your Next of Kin.

Personal Welfare Lasting Power of Attorney

You can use this document to appoint someone you trust to make decisions regarding your medical treatment and health when you lack the capacity to do so. It also provides the flexibility to deal with unforeseen circumstances that a Living Will may not be able to provide.

In addition, you can also give someone authority to make decisions regarding your personal welfare such as who looks after you or what care home you should live in. Without this, you are reliant on the authorities making such decisions on your behalf.