LIVING WILLS & POWER OF ATTORNEY

Living Wills - General explanation

In a living will, the person making it, declares his/her wishes as to what should happen to him/her on his/her death bed or soon afterwards in the event where he/she is unable to communicate his/her preferences. A living will is not enforceable, but it will relieve the next of kin of a huge burden. They can simply quote the living will instead of making life or death decisions themselves on behalf of the dying person.

Life supporting machines or medicine

Due to modern medicine it is possible to prolong life, even where it is clear that there is little hope of recovery. Some people prefer to be allowed to die and that excessive medical intervention is to be withheld. Others, due to conviction or other considerations, prefer that all possible steps be taken to save a life. When a person is unable to make his/her wishes known, the next of kin is usually asked for a guideline. The next of kin then has to decide if their relative must die immediately of if he/she should go on to suffer. The next of kin will be relieved of this burden by inserting this clause in a living will.

Donation of body organs

The next of kin of the deceased may get a request for permission to use certain healthy organs for transplants. They must then decide between desecrating the body of the deceased, and disallowing another person the benefit of healthy organs.

Burial preferences

For some persons the choice between cremation and burial is an emotional and religious consideration. The preference of the deceased should be respected in this regard, provided if the next of kin knows his/her preference.

Living will not well known

The living will is a popular document in many overseas countries. For one or other reason it is not as well known in South Africa. Due to the obvious advantages of having a document like this we are of the opinion that it will soon be as popular as it is overseas.

Power of Attorney - General Explanation

In a power of attorney, the person compiling it, appoints an agent to act on his/her behalf when he/she is no longer able to look after his/her own affairs. Life expectancy trends show that the wealthier portion of our population is on the increase. That means that on average people die at a later age and the chances of suffering from deceases like Alzheimer and Parkinson are higher. It increases the probability of not being able to look after your own affairs. It is thus obvious that the use of a general power of attorney will become more popular in the future.

Alternative for a power of attorney

If a person does not have power of attorney and is no longer able to handle his/her own affairs, the next of kin can approach the court to appoint a curator, however, this route is very expensive and it can take a long time to get a hearing because of busy court schedules. In the end it may even turn out that it is too late to salvage enough assets to provide for the person who is unable to handle his/her affairs or that the costs to get a curator appointed exceeds the total value of the assets. The next of kin might also disagree between themselves on who the curator should be, apart from the fact that the whole process can be degrading for everybody. It is therefore advisable to use a power of attorney. One can sign it in advance, as it will only become effective once a person is classified as being incapable of handling his own affairs. This is a cost effective method and one does not have to rely on outsiders to look after your affairs.

Power of attorney, not well known

The general power of attorney is a popular document in many overseas countries. For one or other reason it is not as well known in South Africa. Due to the obvious advantages of having a document like this we are of the opinion that it will soon be as popular as it is overseas.