What They Are, How They Differ From Power of Attorney, and Who Might Want One

What is a Living Will?

In Scotland, a Living Will — officially known as an Advance Medical Directive — is a written statement outlining the medical treatments you would refuse in future if you were unable to make decisions for yourself.

While not legally binding, a Living Will is highly persuasive and medical professionals are expected to take it into account, especially if your wishes are clear and relevant to the situation.

Is it the same as a Power of Attorney?

No — though they often get confused.

A Living Will is your personal statement of medical treatment you wish to refuse under specific circumstances.

A Welfare Power of Attorney (POA) gives someone legal authority to make health and care decisions on your behalf if you’re no longer able to. It covers a wider range of decisions and is legally binding once registered.

You can have both — and for many people, that offers the best protection.

What can a Living Will cover?

It usually includes:

• Refusal of life-sustaining treatment (such as CPR or artificial feeding)
• Specific circumstances where treatment should be declined (e.g. if permanently unconscious)
• Confirmation that these wishes apply even if refusal may lead to death

It can also name someone to be consulted about your care, although this isn’t the same as giving them legal power.

Who might want one?

Anyone can make a Living Will, but it’s particularly worth considering if:

• You have strong views about certain treatments
• You want to reduce uncertainty for your family
• You’re living with a long-term or progressive illness
• You want your views recorded in advance — just in case

Is it legally binding in Scotland?

No — but it is respected. Under the Adults with Incapacity (Scotland) Act 2000, your views should be taken into account when decisions are made on your behalf. The clearer and more up to date your statement is, the more likely it is to be followed.

Should I have both a Living Will and a Welfare POA?

Yes. A Living Will sets out what you want, and a Welfare POA names who you trust to act if you can’t speak for yourself.

Together, they provide a fuller picture of your wishes and ensure someone is legally able to make decisions on your behalf.

How Hastings Legal can help

We can help you:

• Draft a clear and thoughtful Living Will
• Understand how it works with a Welfare POA
• Make sure your documents reflect your values and circumstances
• Register your POA and keep your wishes up to date

📞 [Contact your local solicitor ›]
📄 [Download our Living Will Worksheet ›]
✍️ [Arrange an appointment or confidential chat ›]

Final Thoughts

A Living Will gives you a voice, even when you’re no longer able to use it. It helps your loved ones, supports your medical team, and gives you peace of mind that your views are known.

It’s not about fearing the worst. It’s about being prepared — on your terms.