Power of Attorney

The Government is currently considering a new Bill, which would make Living Wills legally binding. They don't have the force of law yet, so check with a lawyer whether you are likely to be able to enforce your wishes. A Living Will is for use in England and Wales but not in Scotland.

It is a way of letting doctors and family know what medical procedures you would not want to receive if, at the time the treatment was to be given to you, you were unable to communicate. Treatment could be for any current or future illness, or as a result of any future accident.
 
It is important to realise that a Living Will may only be used to refuse treatments or procedures. It is not possible to request specific treatments. You can use your Living Will to say what quality of life and level of treatment you would consider acceptable if you developed a terminal disease or if you were in a persistent vegetative state (an irreversible coma where you are only kept alive by artificial feeding devices).

When you give somebody Power of Attorney, you confer the authority to conduct legal and financial business on your behalf. However, an Attorney is not permitted to make any decisions on health care.

You therefore need to make a Living Will and appoint a 'Health Care Proxy' if you want to give somebody the power to make decisions on your future health care.

You should note that there are no laws in England and Wales about Living Wills, and whether such a Will will be considered enforceable depends on the way it is written and what it asks doctors to do.

Also known as an EPA, this document allows you to give somebody the power to act on your behalf, in matters of property and financial affairs during your lifetime. The power stays in force if you become medically incapable of dealing with your affairs. It is different to a Will, which comes into effect after death.