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Living Will

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Create a living will that records your healthcare wishes if you become terminally ill, permanently unconscious, or unable to communicate, including instructions about life-sustaining treatment and comfort care.

A Living Will records a person’s wishes about medical treatment if they later lose the ability to communicate or make decisions. It is commonly used to guide family members, doctors, caregivers, and healthcare representatives in situations involving terminal illness, irreversible coma, permanent unconsciousness, or severe medical deterioration.

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South African legal context (2026 checklist)

A living will is not the same as euthanasia or assisted dying. It is mainly an advance expression of healthcare wishes, especially about refusal or withdrawal of extraordinary or burdensome life-sustaining treatment. Because South African law does not have a single dedicated Living Will Act, the document should be clear, signed, witnessed, shared with trusted persons, and reviewed regularly.

  • Constitution of the Republic of South Africa, 1996
  • National Health Act 61 of 2003
  • Health Professions Act 56 of 1974
  • Mental Health Care Act 17 of 2002, where capacity issues are relevant
  • South African common law principles of consent, refusal of treatment, dignity, bodily integrity, and patient autonomy
  • Protection of Personal Information Act 4 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the declarant’s full name and ID number?
What is the declarant’s full name and ID number?
What medical situations should trigger the living will?
What medical situations should trigger the living will?
Should life-sustaining treatment be withheld or withdrawn in specified circumstances?
Should life-sustaining treatment be withheld or withdrawn in specified circumstances?
Should artificial ventilation, resuscitation, feeding tubes, or dialysis be addressed?
Should artificial ventilation, resuscitation, feeding tubes, or dialysis be addressed?
Should pain relief and comfort care continue even if it may shorten life?
Should pain relief and comfort care continue even if it may shorten life?
Who should be informed of the living will?
Who should be informed of the living will?
Should a healthcare proxy or family contact be named?
Should a healthcare proxy or family contact be named?
Does the declarant want organ or tissue donation considered?
Does the declarant want organ or tissue donation considered?
Are there religious, cultural, or personal wishes?
Are there religious, cultural, or personal wishes?
Where will copies of the living will be kept?
Where will copies of the living will be kept?

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