LIVING WILL

WHAT IS THIS

This is a written document, in which a person expresses the wish pre-emptively to not receive any future medical treatment and/or medical intervention to be kept alive when this person (now the patient) is given a terminal prognoses and is unable to communicate their wishes regarding medical treatment and/or medical intervention, which treatment and/or intervention will only prolong their life in an event when there is no hope of recovery.

IS A LIVING WILL AN ENFORCEABLE LEGAL DOCUMENT IN SOUTH AFRICA

The short answer is NO, but it can be given force and effect in terms of the National Health Act (NHA), which Act provides the basis for the enforceability of a Living Will, which is not the same as formal legal recognition.

SO WHY IS HAVING A LIVING WILL IMPORTANT

It states an individual’s wishes with regards to future medical treatment and/or medical intervention, and as such provide clear medical preferences to family, partners and doctors, in circumstances when life ending decisions have to be made in circumstances when a person (now the patient) cannot make this decision.

Should you need more advice, please feel free to contact us.