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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
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Experience:  All areas of commercial and contract Law - specialist in property advice.
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I live in the US, but Im trying to advise some elderly relatives

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I live in the US, but I'm trying to advise some elderly relatives in South Africa about some estate-planning items like health-care proxies, living wills, durable powers of attorney, and the like. I'm familiar with these items in the US, and I know where to find sample documents on the internet for the US, but I'm wondering if there are similar sample documents with explanations for South Africa? I think it would be useful for them to see the documents before they see a lawyer, so they can think of questions to ask.

thanks.
Submitted: 1 year ago.
Category: South Africa Law
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Expert:  Shaie Zindel replied 1 year ago.
Hi There - the documents you refer to are principally the same except for the Power of Attorney - in South Africa - the Legal Principle is generally that the Power of Attorney will lapse upon the death of the Grantor. Let me know exactly which documents you want to have sight of and I will attach templates. Those I don't have can easily be sourced on line so I can attach links. I hope this helps? Please remember to rate my service so far. Regards
Customer: replied 1 year ago.

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.

Expert:  Shaie Zindel replied 1 year ago.
Hi again - thanks for the additional info. In SA the living will is definitely of application BUT the Power of Attorney will only be good up until death. Can I send you copies of each when I'm in the office later today?
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX would be much appreciated.

Expert:  Shaie Zindel replied 1 year ago.

Attachment: 2013-08-26_114556_template_-_living_will.doc

Have a look at these 2 docs and let me know if I can assist further. Please remember to rate my service in the meantime. Regards

Attachment: 2013-08-26_114656_template_-_general_power_of_attorney.doc

Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1208
Experience: All areas of commercial and contract Law - specialist in property advice.
Shaie Zindel and other South Africa Law Specialists are ready to help you
Customer: replied 1 year ago.

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?


 


Thanks.

Expert:  Shaie Zindel replied 1 year ago.
Hi - In SA the living will regulates the medical treatment to be received during incapacity. The person signing can specify any changes they require. The Power of Attorney will lapse on death or permanent incapacity and in its place a curator will be appointed.
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1208
Experience: All areas of commercial and contract Law - specialist in property advice.
Shaie Zindel and other South Africa Law Specialists are ready to help you

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