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GEORGE BUSINESS NEWS - Death, for most of us, is a terrifying thought - all the more reason why you should plan properly for the final stages of your life. Some form of planning is better than no planning at all, and if your planning manages to bring some peace of mind to your family, then why not do it?
The validity and use of Living Wills in South Africa is contentious, but they may still play a valuable role in speaking for you when you are no longer able to.
In my opinion, a good place to start would be to draft a valid Last Will and Testament.
The next step would be to draft a separate document called a Living Will, which can if necessary, be acted upon whilst you are still alive.
A Living Will is a declaration or an advance directive which will represent your wish to refuse any medical treatment and attention that will keep you alive by artificial means when you may no longer be able to competently express a view because you are in a coma or vegetative state.
In South Africa there is at present no law or legislation regarding the validity or enforceability of Living Wills. The South African Medical Association (Sama) and the Health Professions Council of South Africa (HPCSA) have both, however, published guidelines to assist families and medical practitioners who are confronted with a Living Will.
As mentioned earlier, there is no law regulating Living Wills and there is a chance that your wishes contained in a Living Will may not be carried out by doctors, who may fear being sued by a family member who does not agree with treatment being withdrawn.
Professor Willem Landman, an executive member of advocacy group Dignity South Africa and executive director of the Ethics Institute, says, "While the National Health Act affirms that informed consent is a prerequisite for providing health services and recognises the right to refuse such services, it was not explicit on life and death decisions."
In the interim, Mrs Deidre Carter, Congress of the People MP, recently introduced a bill to parliament that explicitly allows for Living Wills to be recognised and allows for terminally ill patients to refuse medical treatment that could prolong their lives.
If, like me, you do not wish to be kept alive by artificial means when there is no hope or quality of life, having a formal document, a Living Will, goes a long way to indicate to your family and doctor what your feelings or wishes are about the matter.
Lastly, it is important to know that a Living Will can be revoked at any time.
Should you feel the need to address the issue of a Living Will as part of your holistic estate planning, you are welcome to contact Millers Attorneys in George for an appointment. Contact us on 044 874 1140. Our specialists are: theresa@millers.co.za for Wills and corne@millers.co.za for Trusts.
Article: Theresa Tannous, director: Wills & Trusts, Millers Inc.
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