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Is a 'Do Not Resuscitate tattoo' legally binding?

An Old age pensioner from Norfolk had a Tattoo done on her front saying do not resuscitate.  The purpose of this was that any healthcare professionals would be fully aware of what her wishes were should she be able to make the decision for herself.

A lot of people have strong preference as to how they wish to be medically treated should they not be able to make these decisions for themselves. You do not need to take such drastic action as to tattoo yourself as it is not legally binding but you can make a Living Will detailing your preferences.

A Living Will only takes effect if you become unable to tell people your wishes about your medical treatment, so you can no longer take part in decisions about it.  You can say in advance what your wishes are about medical treatment – this is called an “advance directive”.

You can appoint someone called a “Healthcare Proxy”, to take part in decisions about medical treatment on your behalf.

In England and Wales an advance refusal of treatment is legally binding as long as the following conditions apply:-

  • You make your refusal when you were mentally capable of making that kind of decision.
  • You meant your refusal to apply in the kind of situation that later arose, and you understood the consequences of your decision in that kind of situation.
  • It really was your decision, and you did not decide under someone else’s influence.
  • Please note that you cannot insist on receiving any particular treatment

For further information please see our information sheet on Living Wills.

Should you have any queries in relation to Living Wills or Lasting Powers of Attorney please contact one of our dedicated advisors in the Wills and Probate Department on 01606 74301.