Although there is no short answer to why someone needs to make a Living Will (now called an Advance Decision) simply because of having a Tremor. There are all sorts of good reasons for wanting to make an Advance Decision but not that particular one.
The Mental Capacity Act came into force in 2007. This effectively replaced the term Living Will with the new title “Advance Decision”.
An Advance Decision can, within limits, set out these sorts of decisions in writing whilst the person making the decisions still has the mental capacity and those decisions will be respected.
There are, however, Advance Decision cannot:-
1. Give you the legal right to the treatment that you want.
2. Stop you from being detained in hospital under the Mental Health Act.
3. Stop certain treatment from being given to you if you are detained under the Mental Health Act.
If I suffer from tremor, an Advance Decision can:-
1. Tell people about medical treatment you don’t want to have when you become unwell.
2. Create a legally binding document when you have capacity (well and able to make decisions and give clear reasons for those decisions) to refuse specific medical treatment, for a time in the future when you may lack mental capacity to consent or refuse that treatment.
3. Refuse treatment for a physical or mental disorder.
Anyone wishing to access more information on Lasting Powers of Attorney or obtain forms can contact the Office of the Public Guardian at P.O. Box 15118 Birmingham B16 6GX(tel. no. 08453302900 or visit www.publicguardian.gov.uk
For more useful information and guidance please refer to this NHS leaflet.