The “living will” is not a will in the testamentary sense of the word. It is merely a written instruction setting out your wishes with regards to future medical care. It will set out to which medical treatment you will not consent to. You are therefore setting out your legal prerogative to lay down limits to what may be done to you.
Reasons to have a living will be that this document will speak for you when you are unable to speak for yourself. It also saves your loved ones from making life-or-death decisions as you have already decided whether you wish to be sustained by artificial life support.
You will have to be over the age for medical consent and mentally competent to draft a Living Will. The Living Will, will be valid even after you become mentally incompetent.
In South African law there is no law regarding the validity or enforceability of Living Wills. If you have any further question about a Living Will or wish to have yours drafted contact the offices of Faure & Faure Inc. to assist you.
At Faure & Faure Inc. every week is Wills Week. Contact us to schedule an appointment to draw up your Will free of charge.
Article written by Lusharno Wells. For more information contact 021 871 1200 or email contact@faurefaure.co.za.
