Miles Herman is a clever, understated lawyer who is at the top of his game.
It is most commonly used by testators who are terminally ill or undergoing medical treatment, encompassing care giving and termination of life support. This is referred to as an “advanced decision” or “directive”, which is legally binding, and an advance statement, which is not.
An individual will usually be appointed Power of Attorney to oversee the testator’s wishes being carried out.
It is important to note that advance decisions and statements can only relate to financial matters and healthcare decisions when the testator is still living. It cannot relate to distribution of an individual’s estate upon death.
Power of attorney is the granting of legal authority to a third party to make decisions on the grantors behalf in the event they temporarily or permanently lose mental capacity to make their own decisions or communicate their decisions. This provides the grantee some discretion as how to best carry out the wishes of the testator.
In order to be legally binding, an advance decision should be put into writing, signed and witnessed. It must also include a statement to the effect the testator wishes the provisions to be adhered to even if it puts their life at risk. Further requirements include:
Where concerning healthcare, an advance decision can be used to refuse treatment, but it cannot be used to request specific treatment thereby infringing on the judgment of a medical professional. A distinction should be drawn between refusing treatment and euthanasia or assisted suicide, the latter two being illegal under UK law.
An advance statement is not legally binding, but it should be taken into account by persons providing care for the testator. Examples include preferred food, sleeping arrangements, religious worship and visitation. Advance statements should be made known to the testator’s General Practitioner and kept on record. Because advance statements are not binding upon a doctor, they may choose to disregard them.
A Living Will should be revoked through signed writing, and the original document and any copies destroyed.
At Lewis Nedas Law, we help our clients create Living Wills tailored to their specific needs and desires. For example, you may want to direct your family members to remove you from life support if you are terminally ill, but not if you are in a coma. Without advance decisions, it is up to your family members to make these incredibly difficult decisions.
Don’t leave your family members without guidance during this emotional and stressful time. Consult our experienced Wills Lawyers to establish a Living Will and protect your loved ones from conflicts and distress. It is important to consult a legal professional in drafting advance decisions, as the information contained in a Living Will may allow death to occur.
We are dedicated to protecting our clients’ best interests, and we take pride in offering ‘City firm’ standards of service at reasonable, realistic pricing levels. For more information please contact us on 020 7387 2032 or complete our online enquiry form.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
