One of the many advantages to the ever-developing advancements in medical science is that we are able to take more control over our health. Having a Living Will constitutes one of these control mechanisms, and it is becoming more and more imperative for people to consider the contents of their own Living Will.
A Living Will – also known as an advance directive – is a document where you spell out the kind of medical treatment you do or don’t want if you are ever seriously ill or injured and unable to communicate. It ensures that our wishes are respected if we can no longer speak for ourselves. A few examples of these kind of situations are:
- Being in a coma with no chance of recovery.
- Having a terminal illness where further treatment would only prolong suffering.
- Being on life support with no reasonable hope of regaining consciousness.
A Living Will gives you peace of mind—and it helps your family and doctors make difficult choices with confidence, knowing they’re doing what you would have wanted. It also avoids unnecessary suffering and potentially expensive or invasive treatments you wouldn’t have agreed to.
In South Africa, Living Wills are not yet specifically recognised by legislation, which means their legal status is uncertain. However, they’re not illegal either. Under the guise of the constitutional right to dignity and bodily integrity, doctors and hospitals may follow a Living Will if it clearly reflects your wishes, especially when:
- You were mentally sound when you signed it,
- It applies to your current medical condition,
- There’s no pressure or evidence of coercion, and
- It is dated and witnesses have co-signed.
A Living Will is not assisted suicide, which is illegal in South Africa. It cannot contain any directives to end your life. It can only request that specific treatment be withheld or withdrawn, but you cannot ask a doctor to end your life.
Patients frequently believe that an instruction to refuse lifesaving or sustaining treatment will be honoured under all circumstances. The reality of medical practices makes this impossible. If an advance directive is specific to a particular set of circumstances, it has no force outside those circumstances. And, if a directive is so general that it applies to all possible events that could arise, doctors could view it as too vague to give clear directions about the patient’s wishes.
Typical instructions in a Living Will might include:
- No artificial ventilation.
- No CPR if the heart stops.
- No feeding tubes or resuscitation.
- Pain relief only (comfort care).
A Living Will helps your loved ones and medical team do what’s best for you, based on your beliefs, values and wishes.
While not yet fully backed by South African legislation, Living Wills are still widely accepted as powerful expressions of your wishes. If yours is clear, current, and made while you were mentally sound, there’s a good chance it will be respected.
For further advice, please consult your Wealth Specialist or authorised and fully qualified Financial Advisor. Or contact Appleton Fiduciary Services on 0800 50 60 70, or clientcare@appleton.com, for your peace of mind.