The LIVING WILLS TRUST was established in 2007 on December 10, which is observed internationally as Human Rights Day (as the UN Declaration of Human Rights was adopted on December 10, 1948).

At present, the main purpose of the Trust is to provide a Living Will, free of charge, to every adult throughout Ireland who wants one. Up to now, it was usually necessary to pay for such documents, which were obtained from a few solicitors in Ireland, or from organizations based in London. The Living Wills Trust believes that it is wrong to have to pay for a Living Will. In many other countries, especially in the United States, these forms are provided free, and the Trust wants this possibility to be available now to all adults in Ireland.

The term “Living Will” is the popular expression used around the world for these documents which enable you to state in advance the medical treatment you would or would not like to receive, in the future, should you be unable to express your wishes at that time. It is “Living” because it takes effect before death, and it is a “Will” because it states your wishes.

Whereas ordinary wills (allowing you to state how your property and money should be allocated after your death) have been used for centuries, the concept of Living Wills is relatively new - they have become important today because of the technological advances that have been made in medical care in recent years, especially those which can keep people alive who, in the past, would have died. In addition, there has been a welcome change in attitudes towards patients’ autonomy - the days when paternalistic doctors made all the decisions on behalf of their patients are gradually becoming a relic of the past.

When Living Wills were introduced, in the United States, in the late 1960s by Luis Kutner, a human rights lawyer in Chicago (incidentally, Kutner was a co-founder of Amnesty International), the typical document simply allowed patients to refuse medical treatment which was aimed at prolonging or sustaining their lives. Later, more detailed Living Wills were developed which gave competent adults the opportunity to decide, if they lost the mental capacity to express their wishes, whether, under certain conditions, they wanted life-sustaining treatment to be given for as long as possible or they did not.

A Living Will allows you to take responsibility for your own health and medical care right up to the end. While you may already have a will covering your financial affairs, it makes sense today to have a corresponding statement on your future health care. It allows you to remain in control.

It must be stressed that a Living Will is not asking doctors or nurses to do anything illegal. It is NOT a request for euthanasia. It is everyone’s right to be able to accept or refuse medical treatment and care. And, if death results from the withholding or withdrawing of life-sustaining treatment, it must never be considered as a suicide because death is now due to the underlying, pre-existing disease or cause.

Of great importance is the fact that the views you express in a Living Will can be of considerable benefit to your family, friends and doctors because they have documentary evidence of your wishes and are freed from the heavy responsibility, one day, of perhaps having to make decisions on your behalf.

Living Wills are also known by other names. For example, in England and Wales, they are now officially called “Advance Decisions”. In Scotland, they can be called “Advance Directives”. In Ireland, they are becoming known as “Advance Healthcare Directives”. For the sake of simplicity, however, these documents will generally be called “Living Wills” throughout this website.