Page 60 - Nexia SAB&T Estate Planning Guide 2024

THE LIVING WILL

n The Living will is a legal document that states the type of medical treatment
a person would like his medical practitioner(s) to follow if he is unable
to express these wishes himself, either because he is terminally ill or
permanently unconscious.
n A Living Will states the types of medical treatments that can and cannot be
used.
n Living wills typically cover issues such as artificial life support, resuscitation,
organ donation, tube feeding, and whether organs are to be made available
for medical research or donated for transplants.
n It is a separate document to a Last Will and Testament. It should not be
incorporated into the Last Will and Testament or attached to it, as the Last
Will and Testament only comes into effect upon death, which would be too
late.
n It should be signed when of sound mind, and after careful consideration, and
in the presence of two witnesses.
n The contents should be discussed with the estate planner’s medical doctor,
and a copy provided for the doctor or hospital’s file.

STORAGE OF ESTATE PLANNING DOCUMENTS

All important estate planning documents should be kept in one place, where the
estate planner, his family, executor or trustee can readily find them. A “master file”
should be set up, which lists all the important documents and where they can be
located. The executor and family members should be made aware of the location
of the “master file” and the location of the estate documents, so that they are
easily accessible.
Photocopies and duplicate originals
n The estate planner should photocopy the documents he wishes people to
see or have. These copies are not legal originals, because they are not signed
by him.

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