The distinction between living wills and powers of attorney

10th June 2013

Introduction:
The purpose of a living will is to guide the family and doctors when you are in a medical state from which you cannot recover, and due to your condition, are no longer able to make medical decisions. In South Africa, the Living Will Society defines a living will more narrowly by noting that its main function is to aid in the “refusal of artificial life support when dying”. 

A power of attorney however, allows persons close to you to sign documents or enter into transactions on your behalf when you cannot do so yourself; effectively appointing someone to act in your stead and to be your agent.

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Written by Nicolene Schoeman-Louw, Director – Schoemanlaw Inc t/a Schoeman-Tshaka Attorneys, Conveyancers and Notaries Public
Attorney of the High Court RSA, Notary Public, Conveyancer and B-B BEE Consultant - Cape Law Society (member no. 13546)