Living Wills
You have signed your last Will and Testament, which deals with your assets and their distribution after your death. But have you given thought to a Living Will?
A Living Will is a legal document you sign that confirms your wishes and directions for your medical health when you can no longer share your express wishes and make decisions for yourself due to mental incapacity.
Living Wills, per se, are not yet recognised in South African statutory law. Our Constitution states that everyone has the right to bodily and psychological integrity, including control over one's body and recognises the right to accept or decline treatment.
Anyone 18 years and older who is of sound mind can make a Living Will.
Think about the scenario where you are in a hospital, on your deathbed, terminally ill, and there are no reasonable chances for recovery due to, for example, serious injuries sustained in a motor vehicle accident or a stroke.
In a Living Will, one can give specific instructions that you do not want to be kept alive through life-support or any other artificial medical treatment or interventions. This will only come into effect when you are unable to communicate with medical doctors and your family and when there is no hope of recovery and death is inevitable. You can also include your wishes for organ donations.
If there is a chance of recovery, doctors and family members do not have to comply with the wishes stated in your Living Will.
Your attorney can prepare a Living Will, which you must sign in the presence of two witnesses. We suggest that you sign at least two duplicate originals: one for your doctor or family member and one you keep safe.
Should the inevitable time come, a family member can hand the signed Living Will to the medical staff. A signed living will can assist medical practitioners with insight and relevant treatment. It will also alleviate the emotional turmoil between family members in these unfortunate situations. Your wishes, clearly documented in your Living Will, may bring mental relief and coping mechanisms for your loved ones, resulting in emotions free from anxiety and guilt.
I recently experienced the effects of a Living Will when my mother passed away due to a stroke. I was very grateful that we had these discussions beforehand when she was still alive and well. It was worth having these conversations and properly documenting her wishes surrounding the last days of her life.
Should you not have a Living Will, your family will have to make the difficult decisions about your medical care themselves. This may include the financial burden of specialist medical treatment and advanced life support where there is no clear prospect of recovery.
Please take note that a Power of Attorney given by a person to another person authorising to act for them in their absence is no longer a valid document when a person becomes of unsound mind and mentally incapacitated.
We will gladly assist you with preparing and signing your Living Will, not only for your own peace of mind but also for your family's peace.
Prepared and written by: Sophia de Klerk
Moderated and approved by: Jean-Mari De Beer – Le Grange
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