South Africa Law
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Thanks. In the US, the documents that I believe would normally be discussed in this situation would be:
1) A living will (instructing what medical care they would want in specific end of life situations)
2) A health care proxy (appointing someone to make medical decisions if they are unable to)
3) A durable power of attorney (i.e., one that would continue in force if they are disabled and unable to manage their affairs). I believe that some states in the US have a "springing" power of attorney that only comes into play if they are disabled, but is not in force prior to disability.
Thanks, XXXXX XXXXX would be much appreciated.
1) I don't see any appointment of a Health Care Proxy in the living will. Is it common in SA to add a clause in the living will (or in a separate document) appointing someone to make medical decisions if one cannot make them for oneself?
2) My reading of the POA is that it applies immediately. Is it possible to put in a clause that makes it applicable only if the person granting the POA is disabled?
3) Also, my understanding in the US is that a POA would automatically become invalid if the person granting it becomes disabled, hence the need for a clause specifically keeping it valid in case of disability. I don't know how the law works in SA, but I didn't see such a clause. Is it necessary?