A ‘living will’, also called an Advance Healthcare Directive, is a separate document from your legal will. It does not deal with money, property, or inheritance. Instead, it records your wishes about medical care and personal decisions if there ever comes a time when you cannot speak or make choices for yourself.

It is intended as a reference for hospitals, doctors, and healthcare providers, and only applies in specific situations — which may include terminal illness, permanent unconsciousness, advanced cognitive decline, or an irreversible medical condition where a medical practitioner confirms there is no reasonable prospect of recovery.

A common fear is that completing a ‘living will’ will end care too soon. This is not true. It does not stop treatment or reduce care. You will continue to receive appropriate medical support, comfort care, pain relief, and palliative care at every stage. Its purpose is not to shorten life but to guide care if treatment would only prolong life artificially rather than support comfort and dignity.

Separate from Your Legal Will
A living will does not replace a legal will. The two documents serve different purposes. Your legal will applies after death and deals with your estate, while a living will applies while you are still alive but unable to communicate. Many people choose to include a note in their living will stating where their legal will is stored and who holds it, helping loved ones avoid unnecessary stress during an emotional time.

The purpose of the Living Will
A Living Will deals with quite complicated and sensitive issues, but the document can be short, clear, and practical. Many people choose a one-page format that covers the essentials.

Your Living Will should reflect your wishes, such as:

  • Preferences around life-prolonging treatment such as CPR, ventilation, or artificial feeding
  • A clear request for comfort care, pain relief, and palliative support
  • Consent or refusal for organ and tissue donation
  • Wishes around donating your body to medical science
  • Religious, spiritual, or cultural considerations that should be respected
  • Preferences for traditional burial, cremation, or other cultural practices
  • Funeral or memorial wishes, whether religious, traditional, family-only, or no service
  • Where your legal will is stored and who to contact

Including religious or traditional burial wishes is especially important where faith, culture, or custom plays a role in how care is given or how the body should be treated after death.

Writing these wishes down helps families and healthcare teams honour them with confidence.

Legal Status in South Africa
In South Africa, while a Living Will is not legally binding under statutory law, it carries significant moral and medical weight. Courts and doctors often respect it as evidence of your wishes and is supported by constitutional rights to bodily integrity and dignity.

Requirements for Validity
To ensure your living will is effective, there are a few important points to remember:

  • You must be 18 years or older
  • You should have mental capacity when signing
  • You need to be fully informed about your condition and treatment options
  • At the time of acting on your living will, the doctor must be satisfied that you have not changed your mind

Important Limitations
It’s also essential to understand the limitations of a living will:

  • You cannot request euthanasia or assisted suicide, as these are illegal in South Africa
  • A living will does not appoint someone to act on your behalf; that requires a healthcare proxy
  • The document should be signed in the presence of two witnesses who are not family members or beneficiaries

The Impact on the People You Love
When someone can no longer communicate, families are often asked to make decisions under intense emotional pressure. Without guidance, they may carry heavy questions:

  • Would this be what they wanted?
  • Am I doing the right thing?

The living will can lift some of that burden by giving clarity, reassurance, and permission for others to act in line with your wishes, rather than guessing or disagreeing.

If this feels overwhelming, start with a simple downloadable LIVING WILL TEMPLATE. This clear template example allows you to reflect, make thoughtful choices, and adapt it to your beliefs, culture, and circumstances. You can revise it or add to it at any time as life changes.

If you do not have a LAST WILL and TESTAMENT, don’t delay.  The original signed document should be stored safely where your executor, lawyer, or family members know where to find it. A legal professional can give you an opinion on how to cater for family matters.

You should not be fearful when preparing your living will. It is about securing care — care for your dignity, your values, and the people who may one day need to speak on your behalf.

For your peace of mind, seek professional advice to ensure that your Last Will and Testament and Living Will represent your wishes. LifeAssist offers legal advice at no cost to your or members of your family*.

*Household dependents: Spouse/Partner, Children >13 years, Relatives who are financially dependent on you, and Domestic Helper/s.