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Living Will Declaration Form for South Africa

Living Will Declaration Form Template for South Africa

A Living Will Declaration Form under South African law is a legal document that allows an individual to specify their healthcare preferences and end-of-life medical treatment decisions in advance, should they become incapacitated or unable to communicate their wishes. While not governed by specific statute in South Africa, these documents are recognized under common law and supported by medical guidelines from organizations such as the South African Medical Association (SAMA) and the Health Professions Council of South Africa (HPCSA). The document enables individuals to express their wishes regarding life-sustaining treatments, appoint healthcare proxies, and provide specific medical directives while of sound mind.

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What is a Living Will Declaration Form?

The Living Will Declaration Form serves as a crucial advance directive document in South Africa's healthcare and legal framework. While not statutorily regulated, it is recognized under common law and professional medical guidelines. This document becomes particularly important in situations where individuals may lose their capacity to make or communicate healthcare decisions. The Living Will Declaration Form typically includes specific medical treatment preferences, appointment of healthcare proxies, and end-of-life care instructions. It's designed to provide clarity to healthcare providers, family members, and other relevant parties about an individual's healthcare wishes when they cannot express them directly. The document should be prepared while the declarant is of sound mind and should be regularly reviewed and updated to reflect current wishes and circumstances.

What sections should be included in a Living Will Declaration Form?

1. Declaration and Personal Details: Identifies the declarant with full legal name, ID number, address, and date of birth

2. Statement of Mental Capacity: Declarant's affirmation of being of sound mind and making the declaration voluntarily

3. General Directive: Overall statement of wishes regarding life-sustaining treatment in case of terminal illness or permanent unconsciousness

4. Specific Medical Directives: Detailed instructions regarding specific medical treatments and interventions (e.g., artificial nutrition, ventilation, resuscitation)

5. Pain Relief and Palliative Care: Explicit wishes regarding pain management and comfort care

6. Designation of Healthcare Proxy: Appointment of a person to make medical decisions if the declarant becomes incapacitated

7. Execution and Witnesses: Signature section with space for declarant and witnesses' signatures, dates, and details

What sections are optional to include in a Living Will Declaration Form?

1. Organ Donation Wishes: Optional section for specifying wishes regarding organ donation after death

2. Religious or Cultural Preferences: Section for specifying any religious or cultural considerations that should be respected in end-of-life care

3. Alternative Healthcare Proxy: Designation of an alternative proxy in case the primary proxy is unavailable

4. Pregnancy Provision: For female declarants who wish to specify different instructions if pregnant at the time the living will comes into effect

5. Specific Medical Conditions: Additional instructions relating to existing medical conditions or specific scenarios

What schedules should be included in a Living Will Declaration Form?

1. Medical Conditions Schedule: Detailed list of any pre-existing medical conditions and current medications

2. Contact Information Appendix: Complete contact details for healthcare proxy, alternative proxy, primary physician, and family members to be notified

3. Distribution List: List of persons and institutions to receive copies of the Living Will (e.g., family doctor, hospital, healthcare proxy)

4. Glossary of Medical Terms: Definitions of medical terms used in the document for clarity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions























Clauses


















Relevant Industries

Healthcare

Legal Services

Insurance

Elder Care Services

Palliative Care

Medical Administration

Social Services

Religious Institutions

Funeral Services

Relevant Teams

Legal

Healthcare Administration

Patient Services

Compliance

Medical Records

Ethics

Social Services

Insurance Processing

Estate Planning

Relevant Roles

Healthcare Attorney

Medical Doctor

Nurse Practitioner

Hospital Administrator

Elder Care Specialist

Social Worker

Estate Planning Attorney

Healthcare Compliance Officer

Medical Ethics Officer

Palliative Care Specialist

Insurance Claims Manager

Patient Advocate

Medical Records Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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