The phrase “living will” is often used for a document recording future medical-treatment wishes. In the Republic of Ireland, the recognised arrangement is an advance healthcare directive. It allows an adult with capacity to set out decisions for a time when they cannot make the relevant treatment decision.
It is different from a last will and testament, which concerns matters after death. It is also different from an ordinary power of attorney.
Be specific about treatment
A useful directive identifies the treatment and the circumstances in which a refusal should apply. General phrases such as “no heroic measures” may not tell a healthcare professional enough about your intention. Discuss the medical meaning with your GP or treating team before settling the wording.
A valid and applicable refusal can be legally binding. A request for treatment has a different status: it must be considered in accordance with the law, but it does not create an automatic entitlement to treatment. Refusals of life-sustaining treatment require particularly clear wording, including the required acknowledgement about risk to life.
Complete the formal steps
The directive needs a signed and witnessed written version. DSS guidance requires two adult witnesses, with at least one who is not an immediate family member. If you appoint a designated healthcare representative, that person must also sign as required.
Follow current official guidance carefully. Completing an online draft or discussing preferences with a relative does not, by itself, complete the formal document.
Make sure it can be found
Give copies to the people who may need them, including your GP and relevant healthcare providers. Tell a trusted contact where the original is held. The DSS does not require the completed directive to be registered with it.
You can also appoint a designated healthcare representative to help ensure the directive is known and followed within the authority given. Choose someone who understands your wishes and is comfortable discussing them.
Review the document when your health or preferences change, following the proper process for amendment or revocation. Make sure those holding copies know which version is current.
The purpose is to communicate informed choices clearly. A calm conversation with your healthcare team can make the final wording much more useful than a form completed without understanding the treatments involved.
A living will or a last will: which do you need?
These documents deal with different questions. An advance healthcare directive concerns treatment during your lifetime if you cannot make the relevant decision. A last will and testament sets out arrangements after your death. Many people consider both as part of planning ahead, rather than choosing one instead of the other.
Before completing an advance healthcare directive form, write down the questions you want to discuss with your healthcare team. If you want someone to help communicate your choices, read about choosing a designated healthcare representative. For financial or personal welfare decisions, explore the separate EPA process.
Sources and further reading
General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.