What does it mean to have a ‘living will’ and is it recommended?
A living will is a document that allows you to state your wishes for your medical care once you are unable to communicate your own decisions.
A living will has no power after your death.
Living Will vs Last Will and Testament
It is for this reason that a client would be advised to have a separate living will to their last will and testament. This is due to the latter being legally enforceable upon your death only.
This document can contain information about how you would like to be medically treated once you are unable to communicate, or if you are in a vegetative state.
It will provide all the information needed for your family members and medical team to ensure that your choices are followed.
Having a living will can be a great relief for family members who would have otherwise had to make the decision themselves. This ensures that your wishes are respected, and hence, it is advisable to cover the choices you would like to make if you cannot communicate properly.
Due to the subjective nature of this decision, it is advisable that you update your will regularly. This applies with regards to your living will and your last will and testament.
A living will should be professionally drafted to ensure that the legal requirements are met.
Contact VTC Attorneys to draft yours correctly and ensure that it is legally enforceable.
Velile Tinto Cape (VTC) Attorneys
Author: Lisbe Le Roux