What is a ‘Living Will’ and can I use it to expressly decline healthcare?
While your Last Will and Testament primarily addresses the distribution of your estate after your passing, a Living Will serves as a legal declaration of your medical preferences to be honored while you are still alive.
For instance, consider a scenario where you fall into a coma, rendering you unable to communicate your wish not to be placed on life support. In such circumstances, it is crucial for your loved ones and healthcare providers to have awareness of, and access to, your Living Will. In emergencies, medical professionals cannot delay intervention awaiting a document that may not be readily available. Doctors are bound by their training and oath to prioritize avoiding harm.
Through a Living Will, you can specify your opposition to medical interventions when the likelihood of recovery is minimal. This alleviates the decision-making burden from your family members. So yes, you may use your Living Will to expressly decline healthcare. However, doctors may consult the South African Medical Association (SAMA) for guidance if they believe it necessary to deviate from the directives outlined in your Living Will.
The need for guidance arises when the Living Will is overly specific, addressing scenarios that do not manifest, or when it prohibits all forms of treatment, which may be deemed too ambiguous. It is advisable to draft your Living Will following counselling sessions and extensive discussions with your medical practitioner(s).
