Modern medicine has enabled the artificial preservation of life when the body itself no longer has the capacity to function. For example, notwithstanding massive brain death, “life” can be sustained indefinitely via artificial ventilation, feeding and the like.

Even where a patient has been snatched back from the jaws of death, the result might be a lifetime of suffering and miserable existence for the victim, and a never ending burden for the family For example, a child or adult who has drowned and then been resuscitated may have sustained severe brain damage rendering any meaningful existence unlikely. The question is whether such victims should be resuscitated at all?

Patients with a terminal illness whose lives are a living hell should have the right to decide whether they wish to die with dignity. Similarly, all human beings would not want to face a lingering, meaningless, painful and resource draining death where there is no meaningful hope of recovery.

The question is often raised whether the so-called LIVING WILL is legally binding.

The short answer is no, although Courts in other countries have upheld such a document where the document was prepared at a time when the person had their full faculties and where medical evidence  at the time of terminal illness was that there was no prospect of recovery.

In those cases the Court ordered that the life support machines be switched off.

Save for the Netherlands, Switserland and some States in America, assisted death is unlawful and no one including a Physician may lawfully take active steps to terminate life even when requested to do so by the patient.

The South African Law Reform Commission investigated the subject extensively and produced three Position Papers. Unfortunately, even though many years have passed since then, no Legislation has yet been drafted to deal with this predicament in all intensive care Units throughout SA.  For a detailed analysis of the law by Ronald Bobroff and as published in the Medical Chronicle please see our MEDIA page. 

To download a Living Will, click here.