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Last Updated: Friday, 18 June, 2004, 10:20 GMT 11:20 UK
Q&A: Living wills
Hands
Some 2m Britons are unable to make decisions for themselves
The government wants to introduce a law to give people a clear legal right to draw up so-called "living wills".

BBC News Online examines what these documents are.

What are living wills?

A living will is a document that spells out how an individual want to be cared for if they become seriously ill, for instance, and are no longer able to be make their own decisions.

They enable people to make advance decisions on how they should be treated.

People can use the wills to state that they do not want treatment to prolong their life if they are dying.

For instance, they can refuse in advance to be resuscitated or to be fed through a tube.

Are they legal?

Yes. Living wills are recognised by the courts.

However, the government has now announced plans to enshrine the right to draw one up in law.

The proposals are outlined in the Mental Capacity Bill, which has now started its journey through parliament.

If passed, it will give people a clear legal right to draw up a living will.

Will this make euthanasia legal?

No. The government is adamant that the Bill will not affect the law on murder, manslaughter or assisted suicide.

As a result, euthanasia or asking somebody to help you die remains illegal.

The government does not appear to have any plans to change its position on euthanasia.

Can living wills be used for anything else?

Living wills can be used to name an individual to take decisions for you, if you no longer have the ability to make your own decisions.

At the moment, people can appoint an "advocate" to look after their financial affairs if they become incapacitated.

However, they have no legal right to appoint someone to make decisions about their health and welfare.

Naming somebody in a living will can enable people to get around this problem.

However, the government is planning to change the law to ensure people can appoint advocates to take decisions on their health and welfare.

These measures are also included in the Mental Capacity Bill.




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