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Making an advance decision (previously called a Living Will) enables you to decide how you’d like to be treated or cared for should you lose capacity to make these decisions for yourself. These documents provide clarity and control over your healthcare, helping to ensure your wishes are respected during difficult times.

At Clarke Willmott, our specialist solicitors provide practical, sensitive advice on creating an advance decision that is legally valid and tailored to your personal and medical circumstances, however complex.

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Who our solicitors can help

If you have a clear idea of how you want to be treated in the event of  illness or serious injury, an advance decision enables you to document your decisions now, in case you lose the capacity to decide for yourself in the future.

Advance decisions can be particularly valuable if you:

  • Want to avoid unwanted medical treatments or life support
  • Have serious, chronic, or terminal illnesses
  • Wish to set out your preferences clearly for family and healthcare professionals
  • Want to reduce uncertainty and conflict in an emergency situation.

We also advise families and healthcare professionals on interpretating and enforcing advance decisions.

How we help with advance decisions

Our solicitors can guide you through every stage of making an advance decision, providing clear advice on the legal framework and its implications, drafting valid documents tailored to your circumstances, and reviewing or updating existing decisions to reflect changing wishes or legal requirements.

Alternatively, if you’d prefer to nominate a specific person or people to make decisions on your behalf in relation to your health and personal welfare, we can advise you on setting up a lasting power of attorney.

We can also advise on any disputes arising from an advance decision. For example, if a medical practitioner challenges the validity of an advance decision made by someone who now lacks the mental capacity to consent to, or refuse, a particular treatment.

Why choose Clarke Willmott for your advance decision?

  • National team of highly experienced solicitors
  • Deep understanding of mental capacity and healthcare law
  • Court of Protection solicitors including 2 panel deputies
  • Highly rated by independent legal directories Chambers HNW and the Legal 500
  • Sensitive, personalised support through complex emotional and legal issues
  • Clear, jargon-free communication at every step
  • Full-service law firm able to advise on the wider legal implications of your situation.

Recognition for our solicitors

“The team at Clarke Willmott covers every aspect of the private client spectrum. They provide an exceptional level of service based on their technical expertise, positive approach and a willingness to go the extra mile for their clients.” Legal 500 2026
“Clarke Willmott have a depth of knowledge that provides a degree of confidence both in the process and in delivering the outcome in a timely manner.” Chambers High Net Worth 2025
“Clarke Willmott’s team has always been responsive, thorough, and thoughtful in their approach. They’ve earned my trust and confidence over the years and come highly recommended.” Legal 500 2026

Chambers High Net Worth 2025

“We found the whole experience with the firm to be professional, precise, diligent and efficient.”

Our expertise in complex advance decisions

We have extensive experience advising clients on sensitive and often challenging situations where:

  • medical professionals or family members disagree over the validity of an advance decision
  • family dynamics mean an advance decision may have wider implications
  • the advance decision needs to be coordinated with other estate planning documents such as lasting powers of attorney and Wills

By combining legal precision with a sensitive, client-focused approach, we ensure your wishes are respected and that difficult situations are managed with clarity and authority.

Frequently asked questions about advance decisions

An advance decision can set out:

  • Those circumstances in which you would want to refuse certain specified treatments
  • The person or people that you would want to be consulted if there were any difficulties regarding the advance decision
  • Preferences and wishes in relation to treatments (although a particular treatment cannot be demanded)

Contact a specialist solicitor

For help making an advance decision, call our specialist team now on 0800 652 8025 or contact us online for a confidential initial consultation.

We have solicitors based across the country in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.

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