In life, we can’t predict the unexpected turns it might take. That’s why it’s crucial to plan ahead for situations where we might not be able to make our own medical decisions. One powerful tool in this planning process is a living will.
In this article, we give you guidance about living wills, and then point you to useful resources and templates that you can read for yourself. Once you know what your wishes are, you can pick the template that matches them, download it, change it if necessary, print it and sign it. We’re here to help if necessary but most people can manage on their own
What is a Living Will?
A living will is a legal document that outlines your wishes for medical treatment if you become unable to communicate your decisions due to illness or injury. It’s like a roadmap for your loved ones and healthcare providers, guiding them on the treatments you want or don’t want, ensuring your values and preferences are respected. The idea behind this document is to ensure that your views are clear for doctors and family members, in the event you cannot present your own views for yourself.
Last will and testament vs living will
It is important to differentiate a living will from a last will and testament. Your last will and testament is an essential document that deals with how the assets in your estate should be distributed and how things like your digital life should be dealt with after your death.
A living will sets out your wishes relating to medical care when you’re still alive but unable to make your own medical decisions.
Why is a Living Will Important?
- Ensures Your Voice Is Heard: A living will empowers you to have a say in your medical care even when you can’t speak. Your desires are at the forefront, giving you control over treatment decisions.
- Relieves Family Burden: In challenging times, your family might struggle to make tough medical choices on your behalf. A living will eases this burden, as they can honor your clearly stated wishes.
- Avoids Conflict: Different family members might have diverse opinions about your care. A living will prevents disagreements by providing a clear plan, reducing potential conflicts.
- Respects Your Values: Your beliefs and values matter. A living will ensures that your medical care aligns with your personal principles.
Are they enforceable?
Some jurisdictions, like South Africa, do not have legislation for living wills yet. In South Africa, the National Health Amendment Bill deals with living wills but this is not law yet. They, therefore, function as directives for these jurisdictions. Medical practitioners should respect them, provided they are satisfied that the document represents the current wishes of the patient. However, it is important to emphasise that a living will in South Africa does not allow another person to make decisions on behalf of the patient. This can only be done through appointing a power of attorney for healthcare also known as a medical proxy.
Tips for Drafting a Living Will:
- Consult a Professional: While you can create a living will on your own, consulting a lawyer or medical professional is a wise step. They can offer guidance based on your specific situation and ensure your document is legally valid.
- Be Specific: Use clear and detailed language to outline your medical preferences. Mention specific treatments, circumstances, and scenarios to avoid any ambiguity.
- Consider Various Scenarios: Imagine different medical situations and what decisions you’d want in each. This could range from life support to pain management. Covering a range of scenarios helps ensure your wishes are comprehensive.
- Update Regularly: Life changes, so should your living will. Review and update it periodically, especially after significant life events like marriages, divorces, births, or deaths.
- Share with Loved Ones: Inform your family, friends, and healthcare providers about your living will. It’s essential they know it exists and where to find it in case of an emergency.
- Keep It Accessible: Store your living will in a safe, easily accessible place. Inform your loved ones and healthcare providers where they can find it when needed.
Your voice, your choice
In the unpredictable journey of life, a living will stands as a beacon of your intentions. It ensures your values and desires remain intact, even if circumstances prevent you from speaking for yourself. By taking the time to draft a clear and comprehensive living will, you’re not only relieving potential burdens on your loved ones but also asserting your autonomy over your own medical care. So, take a moment to consider what matters most to you, and let your living will be your steadfast advocate in times of uncertainty.
