Validity of Pre-2007 "Living Will"

Clients signed and dated properly drafted “Living Wills” in 1995, although their signatures were not witnessed as this was not a requirement at the time.

Since the coming into force of the Mental Capacity Act 2005, they have signed Health & Welfare LPAs in the prescribed form and properly witnessed, which refer in the guidance section to the pre-existing Living Wills, saying that, in the event of conflict, the existing Living Wills should prevail.

Given the requirement in the MCA that Advance Decisions need to be witnessed to be valid, do forum members think the reference in the LPA is sufficient or do the 1995 Living Wills now also need to be “ratified” or “republished” in the presence of a witness?

Bruce Hogarth-Jones
Plantagenet Partners LLP