Planning for the end of life
Considering the End of Life
The end of one’s life is not something one can predict. As one ages, one may sense that it approaches, but the reality is that illness and accident can result in the end of life at any age.
There are a few very important things to prepare for the end of one’s life. Prepare these early in life and review them every year.
1. Last Will and Testament:
Dying without a Will causes problems for everyone for whom you are. Without a Will, the courts decide on what happens to your money and possessions. You may think that you own nothing of value, but value is calculated in other ways besides financial value.
There are a few very important things to prepare for the end of one’s life. Prepare these early in life and review them every year.
1. Last Will and Testament:
Dying without a Will causes problems for everyone for whom you are. Without a Will, the courts decide on what happens to your money and possessions. You may think that you own nothing of value, but value is calculated in other ways besides financial value.
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Important considerations:
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2. Your last wishes:
Often the Last Will and Testament is read only after your funeral. You may have important wishes you desire to be fulfilled immediately upon your death.
Often the Last Will and Testament is read only after your funeral. You may have important wishes you desire to be fulfilled immediately upon your death.
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Your wishes may include:
Your family or those entrusted with your final arrangements will need to know where certain documents are kept. These include:
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Image by Paul Klee
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Please detail all this information and ensure it is easily discoverable by anyone coming to your home after your death. The Christian Community in Johannesburg has designed a booklet for this purpose, and you may request one. Review the information annually and update regularly.
Please note down your social media accounts and passwords so that these may be closed after your death. The social media platforms often allow the information in your account to be downloaded so that your family can keep a copy. Thereafter, the account can be closed. |
3. Financial: Funeral costs
Funerals are costly. You may also wish to ensure that the organisation that performs the funeral, for example your church, receives a donation for this service.
Ensure that you have a funeral policy and understand how it will pay out. Or have money in a separate investment that is easily accessible to your family or those finalising your last wishes.
The Christian Community Johannesburg has a Funeral Fund into which you may deposit money. The capital will always remain yours and will revert to your estate upon your death. The interest on the money, as invested, is gifted to The Christian Community.
The Funeral Fund is accompanied by a legal contract. In this contract you specify the amount of the donation you wish to make to The Christian Community. This donation will be taken from the capital amount first and all residual money will be used for your funeral costs. Any money left over thereafter will be paid to your estate.
The Christian Community will assist your family with all the final arrangements for your funeral. Having a funeral fund will release your estate from receiving an invoice for the costs that result from these arrangements.
Funerals are costly. You may also wish to ensure that the organisation that performs the funeral, for example your church, receives a donation for this service.
Ensure that you have a funeral policy and understand how it will pay out. Or have money in a separate investment that is easily accessible to your family or those finalising your last wishes.
The Christian Community Johannesburg has a Funeral Fund into which you may deposit money. The capital will always remain yours and will revert to your estate upon your death. The interest on the money, as invested, is gifted to The Christian Community.
The Funeral Fund is accompanied by a legal contract. In this contract you specify the amount of the donation you wish to make to The Christian Community. This donation will be taken from the capital amount first and all residual money will be used for your funeral costs. Any money left over thereafter will be paid to your estate.
The Christian Community will assist your family with all the final arrangements for your funeral. Having a funeral fund will release your estate from receiving an invoice for the costs that result from these arrangements.
4. A Living Will: which in South Africa is called an Advance Directive.
This is a document that gives a directive to your family and medical attendants in the event that you are unable to make your choices known.
It is important that you advise the people you appoint as your medical proxy what your wishes are in the event that you become incapacitated and cannot make clear decisions for yourself. This may occur when you are in a coma, have a terminal illness, are on life support following a severe accident, or when your body begins to shut down as you approach the end of life.
The medical attendants may be motivated to prolong life, and the hospital where you are treated may have a financial incentive to continue treatment as long as possible.
It is important to consider carefully when you want to stop receiving life-prolonging treatment and allow higher powers to determine the end of your life.
Although a Living Will does not carry the same power of enforcement in South Africa as a Last Will and Testament, it will serve to ensure everyone knows your desires. It is therefore important that you notify relevant people that you have a Living Will and that you discuss the contents of the Living Will with important people.
This is a document that gives a directive to your family and medical attendants in the event that you are unable to make your choices known.
It is important that you advise the people you appoint as your medical proxy what your wishes are in the event that you become incapacitated and cannot make clear decisions for yourself. This may occur when you are in a coma, have a terminal illness, are on life support following a severe accident, or when your body begins to shut down as you approach the end of life.
The medical attendants may be motivated to prolong life, and the hospital where you are treated may have a financial incentive to continue treatment as long as possible.
It is important to consider carefully when you want to stop receiving life-prolonging treatment and allow higher powers to determine the end of your life.
Although a Living Will does not carry the same power of enforcement in South Africa as a Last Will and Testament, it will serve to ensure everyone knows your desires. It is therefore important that you notify relevant people that you have a Living Will and that you discuss the contents of the Living Will with important people.
5. Power of Attorney
As one becomes frailer towards the end of life, or should one be hospitalised for a period of time, and not be fully capable of managing one's affairs, especially the day-to-day financial affairs of paying bills, it is useful if someone can legally act in your stead. This will ensure that payments are made on time. This is especially important when it involves municipal accounts, staff wages, etc., but it could be as important if one has a business, such as renting out a cottage, and maintenance needs to be attended to, or tenants leave and need to be replaced.
It is strongly recommended to draw up a Power of Attorney early in life and store it in a safe place or with a person you trust, such as a priest, so that it is available when the time arises. The events that may result in the need for a Power of Attorney may be unexpected and sudden.
Revise the Power of Attorney regularly, every time there is a change in one's life, such as a change of home, the death of someone significant, a business venture beginning or ending, etc.
In South Africa, a Power of Attorney is a legal document that grants an individual (the agent) the authority to act on behalf of another person (the principal). This can be for various reasons, such as managing financial affairs, making medical decisions, or handling property transactions. Understanding the different types of Powers of Attorney and their implications is crucial for both the principal and the agent.
Key Aspects of Power of Attorney in South Africa:
A Power of Attorney allows a principal to delegate decision-making authority to an agent.
As one becomes frailer towards the end of life, or should one be hospitalised for a period of time, and not be fully capable of managing one's affairs, especially the day-to-day financial affairs of paying bills, it is useful if someone can legally act in your stead. This will ensure that payments are made on time. This is especially important when it involves municipal accounts, staff wages, etc., but it could be as important if one has a business, such as renting out a cottage, and maintenance needs to be attended to, or tenants leave and need to be replaced.
It is strongly recommended to draw up a Power of Attorney early in life and store it in a safe place or with a person you trust, such as a priest, so that it is available when the time arises. The events that may result in the need for a Power of Attorney may be unexpected and sudden.
Revise the Power of Attorney regularly, every time there is a change in one's life, such as a change of home, the death of someone significant, a business venture beginning or ending, etc.
In South Africa, a Power of Attorney is a legal document that grants an individual (the agent) the authority to act on behalf of another person (the principal). This can be for various reasons, such as managing financial affairs, making medical decisions, or handling property transactions. Understanding the different types of Powers of Attorney and their implications is crucial for both the principal and the agent.
Key Aspects of Power of Attorney in South Africa:
- Purpose:
A Power of Attorney allows a principal to delegate decision-making authority to an agent.
- Types:
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- Validity Requirements:
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- Termination:
- Notarisation:
- Registration:
Important Considerations:
- Enduring Power of Attorney:
- Legal Advice:
- Scope of Authority:
- Family Law:
There are templates available online for some standard forms of Powers of Attormey, however, it is strongly recommended to ask ana ttorney to draw up a Power of Attorney and be very specific in that the agent is permitted to do for one.
Disclaimer: The recommendation above, and the documents linked below, have not been written by an attorney, nor have they been reviewed by an attorney. They do not purport to offer legal advice. Always consult an attorney in legal matters.