Living Wills & Powers of Attorney in Johannesburg
A living will and a power of attorney serve different purposes. Hugh Raichlin Attorneys helps clients understand those differences, prepare appropriate legal documents and consider what may be needed if a person can no longer make or manage decisions.
Brief initial telephone discussion at no charge. A paid consultation is arranged where appropriate. Attorney follow-up is ordinarily within one working day.
This page is for you if…
- You want to record healthcare wishes and discuss a living will.
- You need someone to carry out a defined transaction on your behalf.
- An existing power of attorney needs review.
- A family member may no longer be able to manage their affairs.
How Hugh Raichlin Attorneys can help
Explain and prepare the appropriate document
A living will records healthcare preferences for relevant circumstances. A power of attorney authorises another person to act within a defined scope. We help identify which document is appropriate and any formal or institution-specific requirements.
Review scope and capacity
The authority, wording, capacity of the person granting it and acceptance by the relevant institution matter. Medical advice may be needed to clarify healthcare wishes or capacity concerns.
Assess incapacity-related options
Where a person cannot manage their affairs, a curator or another legally available appointment may need to be considered. The route depends on the circumstances; relatives do not automatically obtain control of the person's assets.
What to consider before deciding
A power of attorney is not an automatic enduring solution
Do not rely on an ordinary South African power of attorney as authority to continue after the grantor loses the necessary mental capacity. Obtain advice promptly about the appropriate legal process.
Medical wishes need clear communication
A living will should be discussed with the relevant healthcare professionals and people who may need to locate it. This page does not provide medical advice or promise that a document resolves every treatment question.
Act while the person can give valid instructions
Questions about capacity, undue influence or document authenticity can complicate later steps. The firm must be able to take lawful instructions and may require supporting assessments.
Three distinct documents
Last will
Addresses succession after death; it does not operate during your lifetime.
Living will
Records healthcare wishes for relevant circumstances; not a financial authority.
Power of attorney
Authorises another person to act within a defined scope while legally effective.
These are separate documents. Where capacity is lost, a separate incapacity assessment and legal route may be needed; there is no universal substitute-decision document.
The next steps
- 1Clarify the purpose, person's capacity and immediate issue.
- 2Assess the correct document or formal appointment route.
- 3Prepare and execute the document through the appropriate process.
- 4Arrange access, storage and review of the authority or wishes.
Information to prepare
Existing documents; description of the proposed authority or wishes; relevant institution requirements; healthcare/professional information where capacity is in issue; details of the persons proposed to assist.
Common mistakes to avoid
Do not sign for someone without authority, assume a will operates during their lifetime, confuse a living will with a general power of attorney or continue using authority after circumstances make it invalid.
Relevant experience for your matter
HRA's estate and litigation experience supports both forward planning and advice where a formal protective appointment may be needed.
Jessica El-Hage
Attorney
LLB · University of Johannesburg
Estate and planning documents, with attention to the distinct purposes of each.
View Jessica's profile
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Litigation experience relevant where a formal protective appointment or capacity dispute arises.
View Hugh's profileFrequently asked questions
Is a living will the same as my last will and testament?
No. A last will addresses succession after death; a living will concerns healthcare wishes in relevant circumstances.
Does an ordinary power of attorney automatically survive incapacity?
No. Do not rely on it as an enduring authority after loss of the necessary mental capacity. The appropriate legal route requires assessment.
Can a relative simply take over the bank accounts?
Not merely because they are a relative. Authority, capacity and the relevant legal process matter.
Can you help if capacity has already become an issue?
The firm can assess the legal options and the documents or professional evidence required, subject to appropriate instructions.
Related services
Legal Insights
Understand the right document before it is needed.
Tell us the purpose, the person's capacity and the immediate issue. We will identify the correct document or appointment route.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Suitable prospective clients ordinarily receive an attorney call within one working day. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Office hours are Monday–Friday, 08:30–17:00. New enquiries and WhatsApp: 011 010 8336. Email: reception@raichlin.co.za. Existing clients should use 011 483 1527.
Website information is general and is not legal advice. Every matter depends on its facts. Please send sensitive documents only when requested through an appropriate channel.
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.