Why You Need a Living Will or Power of Attorney
The Burden of Uncertainty
An unexpected illness or accident can leave you unable to communicate, forcing your family to make agonizing decisions about your medical care and financial affairs without knowing your wishes. This can lead to guilt, conflict, and administrative paralysis. These documents remove that uncertainty and provide a clear roadmap for your loved ones.
Illness, injury, or age can leave you unable to make important medical or financial decisions. By planning ahead, you give your loved ones clear guidance — and protect them from confusion or conflict during difficult times.
Benefits Include:
- Draft clear, valid directives that comply with South African medical ethics.
- Appoint a healthcare proxy or medical decision-maker.
- Ensure your Living Will complements your existing estate plan.
- Store copies with your family and healthcare providers.
- Sensitive & Compassionate Advice: We handle these deeply personal discussions with the care, discretion, and empathy they deserve.
- Clear & Precise Drafting: We ensure your documents are legally sound, unambiguous, and accurately reflect your specific wishes to prevent confusion.
- Holistic Approach: We advise on how these crucial documents integrate into your overall estate plan for comprehensive protection.
- Peace of Mind: Our professional service provides the assurance that you and your family are prepared for any eventuality.
- Personalised Legal Advice: Every directive tailored to your values.
- Trusted Experience: 30+ years in wills, estates, and family law.
- Accredited Mediation: Compliant with the Gauteng directive for healthcare and family disputes.
- Integrated Estate Planning: Seamlessly aligns with wills, trusts, and tax planning.
- General POA: Grants broad powers for managing affairs while you have legal capacity.
- Special POA: Limited to specific actions (e.g., property sale, account management).
- Enduring POA: Continues if you lose mental capacity (requires legal structure and trust).
Learn About Trust Formation →
- Confusing a Living Will with a Last Will: These are completely different documents. A Last Will is for after you die; a Living Will is for while you are alive but incapacitated.
- Delaying Until It’s Too Late: You must have full mental capacity to sign these documents. You cannot create them after you have become incapacitated.
- Choosing the Wrong Agent: The person you appoint in your Power of Attorney must be someone you trust implicitly to manage your finances honestly and competently.
- Not Discussing Your Wishes: It is vital to discuss the contents of your Living Will with your family and appointed agent so they are aware of your wishes long before they may need to act on them.
- Failing to Review Regularly – POAs and Living Wills should reflect current wishes.
- Vague Instructions – Ambiguity can cause delays or misinterpretation.
- Unregistered or Unwitnessed Documents – Risk rejection by institutions or hospitals.
- Ignoring Mediation – The Gauteng High Court’s directive encourages mediation before disputes escalate.
Learn About Mandatory Mediation →
- Consultation: Discuss your wishes, values, and preferred representative.
- Drafting: We prepare clear, legally compliant documentation.
- Review & Amend: Update as your circumstances or preferences change.
- Execution: We ensure proper witnessing and safe storage of originals.
- Communication: We help inform your family, executor, and doctor.
Learn About Estate Planning →
Clarity for Every Decision
Living Wills & Power of Attorney FAQs
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