Originally published: 20 October 2015 | Last updated: 18 May 2025
TL;DR: Advance directives are legal documents that record your healthcare preferences for situations where you cannot communicate. Key terms include: Living Will (treatment preferences), Healthcare Proxy (a person authorised to make medical decisions for you), Power of Attorney (financial/legal decisions), and DNR (Do Not Resuscitate) order. In South Africa, these are supported by common law and the National Health Act 61 of 2003.
Advance directives are legal documents that record your healthcare wishes in advance, ensuring your medical treatment preferences are respected when you cannot speak for yourself. Understanding the terminology is the first step toward creating these essential documents as part of your estate plan.
What Is Advance Care Planning?
Advance Care Planning (ACP) is the process of thinking about, discussing, and documenting your preferences for future medical care. It involves creating legal documents (advance directives) and communicating your wishes to family, healthcare providers, and your appointed decision-makers.
What Is a Living Will?
A Living Will is a written document that specifies which medical treatments you do and do not want in situations where you cannot communicate—such as terminal illness, permanent unconsciousness, or severe brain damage. In South Africa, Living Wills are recognised under common law and the National Health Act 61 of 2003.
What Is an Advance Directive?
An advance directive (also called a personal directive or healthcare directive) is any legal document that records your future healthcare preferences. The term encompasses Living Wills and healthcare proxy appointments. It takes effect when you lose the ability to make or communicate medical decisions.
What Is a Healthcare Proxy?
A healthcare proxy is a person you appoint to make medical decisions on your behalf when you are unable to do so. This person should understand your values, beliefs, and treatment preferences. In South Africa, you can appoint a healthcare proxy through your Living Will or a separate document.
What Is Power of Attorney?
A Power of Attorney authorises someone to make financial and legal decisions on your behalf during incapacity. It is separate from a healthcare proxy, which covers medical decisions only. Both documents are important components of a complete estate plan.
What Is a DNR Order?
A DNR (Do Not Resuscitate) order is a specific medical instruction that tells healthcare providers not to perform CPR if your heart stops or you stop breathing. A DNR is typically part of a broader Living Will or advance directive. In South Africa, a clearly documented DNR that reflects informed consent is generally respected by medical professionals.
How Do These Documents Work Together?
| Document | What It Covers | When It Applies |
|---|---|---|
| Last Will | Asset distribution | After death |
| Living Will | Medical treatment preferences | During incapacity |
| Power of Attorney | Financial/legal decisions | During incapacity |
| Healthcare Proxy | Medical decisions by appointed person | During incapacity |
Frequently Asked Questions
Is a Living Will legally binding in South Africa?
While not explicitly legislated, Living Wills are recognised under South African common law and the National Health Act 61 of 2003.
What is the difference between a Living Will and a Power of Attorney?
A Living Will covers medical treatment preferences. A Power of Attorney covers financial and legal decision-making during incapacity.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
