1. Can I include a living will clause in my will?
The short answer is yes. An example of such a clause is included hereunder:
“Should I be declared clinically dead by Two (2) medical practitioners and are being kept alive by means of a life support system and if such medical practitioners are of the opinion that there is no reasonable prospect of a normal life and that death would occur when such life support system is disconnected, then I direct that such life support system may be disconnected.”
You can, however, have a separate living will, but there are more to a living will than you might think.
A living will is a legal document or clause in your last will that outlines your preferences for medical treatment in the event that you are unable to communicate them yourself. It serves as an advance directive, ensuring that your wishes regarding life-sustaining measures and medical interventions are respected. By explicitly stating your desire to avoid artificial life support when there is no chance of recovery and death is imminent.
A living will helps to reduce medical expenses and alleviate financial strain on your loved ones. This is particularly relevant in situations where an individual is in a coma, terminally ill, or unconscious.
It is important to note that legal recognition and regulations regarding living wills can vary by jurisdiction. In the context of South African statutory law, living wills may not be legally recognized, but individuals still have the right to accept or decline medical treatment based on their own autonomy and bodily integrity, as protected by the constitution. In situations where there is a possibility of recovery, doctors and family members are not obligated to adhere to the instructions outlined in a living will. Seeking guidance and recommendations from organizations such as the South African Medical Association (SAMA) can be helpful for medical practitioners facing such predicaments.
Your next question might be: Can the person who holds a power of attorney to make decisions on my behalf, not enforce my living will? The answer is no, a power of attorney is only valid while you are still sound of mind but unable to execute certain actions. A living will takes effect when you are mentally incompetent.
It is, therefore, advisable that you express your wishes with regards to your living will to your doctor beforehand as well as sign a DNAR (Do Not Attempt Resuscitation) when you are admitted to hospital.
If you are seeking expert fiduciary services, we would be delighted to connect with you. Please don’t hesitate to reach out to us at info@confidofiduciary.co.za or call us on 079 031 5236.
Thank you for your time, and we look forward to the opportunity to serve you!