What The Split gets wrong about Advance Decisions…
…and what you REALLY need to do
The hugely popular BBC drama The Split features many misconceptions about Advance Decisions to Refuse Treatment, more commonly known as living wills, or advance directives in Scotland.
The character Lennie, a close friend of main character Hannah, is diagnosed with ALS, a form of motor neurone disease, and starts looking at her options at the end of her life. She know she wants to take control and not die gasping for breath like her father did from the same condition. Lennie begins looking into travelling to Dignitas in Switzerland, where assisted dying is legal. She does not have the option of assisted dying in the UK, where it is illegal, so Hannah offers to help her draw up a living will if she is unable to die in Switzerland.
A living will is a form which lets you refuse any medical treatments that you do not want to be given in the future, particularly if you do not want your life prolonged against your wishes. It will only be used if you can no longer make or communicate these decisions for yourself.
It’s clear that Lennie feels her diagnosis has robbed her of control, but this process helps give her some of that control back. Planning ahead for the end of your life ensures you still have a voice in important decisions, even if you become too unwell to advocate for yourself. It means that those around you — your family, friends and doctor — can ensure your voice is heard when the time comes.
Every adult has the right to plan and you don’t need to be elderly or have a life-limiting health condition to do so. Many people feel a great deal of comfort in planning ahead and speaking to their loved ones about their wishes, with the reassurance that in doing so they are more likely to get the care and treatments they do want, and not the ones they don’t when the time comes.
Here’s what The Split gets wrong — and right — about living wills and how you can make sure your voice is heard at the end of your life:
You don’t need to use a solicitor
Hannah presents Lennie with an official-looking document from her law firm, later bringing in a client solicitor to help her fill in the form. We often see forms made by solicitors that do not include the information needed to be legally valid.
You might wish to speak to a solicitor about your wishes, but you do not need to use a solicitor of any kind to make a living will if you don’t want to.
If you’re in need of support you’re not alone. Our free, nurse-led information line is here to help and our free website guides you through the process, prompting you to think about different scenarios so you can clearly capture your wishes.
Living wills can be made without spending a penny
Lennie uses Hannah’s expensive law firm to arrange her living will, but a solicitor adds an extra cost.
Solicitors can charge around £200 to help you set up a living will, and some organisations charge for the form alone, but they can be made without any cost at all.
We are the UK’s leading provider of free living wills and we’re here to help you every step of the way — from thinking about what matters most to you, to recording your wishes clearly, to speaking to the people who matter most about what you do or don’t want when the time comes.
You can contact us by phone on 0800 999 2434 or on email at info@compassionindying.org.uk.
These are important conversations, but they don’t have to be complicated and formal
Lennie is presented with her living will form in the law firm’s offices, with a huge legal team sat around the table as Hannah explains Lennie’s choices to her husband. But these can be made online, for free, using our form, specially designed to be clear and simple to use. You can do so in the comfort of your own home without a solicitor.
Our online service allows you to pause, save and return to the form whenever you like, so you can take it at your own pace. It also allows you to easily revisit it in future in case your circumstances or wishes change.
A living will is valid once it is signed and witnessed, which can be done by a relative or friend rather than a legal professional. Once you have completed your form you will need to share it widely so that your wishes are known about and can be followed. You should share a copy with close family and friends, your GP and your local hospital.
We can help you have these important conversations with the people who matter to you and help ensure your living will is recorded.
We also offer a new diagnosis peer support service, which offers support to anyone who has received a new diagnosis or is living with a long-term condition and can help them come to terms with their situation, speak to relatives and doctors, and plan next steps.
Living wills aren’t the only way you can have control when the time comes
There are other ways to ensure what matters most to you is recorded which aren’t mentioned in The Split. You might like to make an advance statement which helps you record other things that are important to you when it comes to your end-of-life care, such as where you want to be cared for, your religious beliefs and how these affect your care and anything you do not want to happen to you. Advance statements are not legally binding, but the people caring for you must take it into account and should use it as a guide when making decisions on your behalf. You can find a free form on our website, and we’re here to help if you need guidance on what to include.
Another option is to make a Lasting Power of Attorney (LPA) for Health and Welfare, which is a legal document that lets you give someone you trust the power to make decisions for you if you become unable to make them yourself.
It surprises most people to hear that your relatives or ‘next of kin’ have no automatic legal right to make decisions for you, so if this is important to you, consider making an LPA.
LPAs can be used alongside living wills. You can state your wishes in the living will and then ensure a trusted loved one has the power to implement them when the time comes. Either way it’s very important to ensure your attorney knows your wishes, so that they can ensure what is important to you is known and followed when needed. There are other types of power of attorney for property and finance.
Some people chose to enlist the help of a solicitor to make an LPA, however this will come with a cost and isn’t essential. You do not need to use a solicitor, but some people are more comfortable using one. They can charge around £500 (sometimes it’s much more) and will use the same Government form.
In England and Wales you can make a power of attorney yourself using the GOV.UK website and then you must register the form with the Office of the Public Guardian, which includes a fee of £82, though this is means-tested so you may be exempt.
