What questions come up for you about end-of-life situation? I am sharing two of the questions that landed in my inbox in the last week.
Question One: What do I need to do to ensure that my chosen, not-biologically related, representative will be recognised to liaise with the hospital in the event of my death?
The person in question resides in Johannesburg, has a solid friendship circle, and does not have a single living relative in South Africa. Recently the person had serious health scare which could have resulted in sudden death if it were not for the routine check-up that revealed the imminent problem.
What if the outcome had been different and they were now the body in a morgue with “next-of-kin” sisters and granddaughters far away either elderly or with few resources – possibly unable to travel?
The legal advice I received was that the person should update their will and insert the name of the trusted friend in the will as the designated person authorised to request release of the body for the funeral.
This, of course, requires that the designated person needs to be easily contactable – perhaps create a small card with the information and put it together with your ID in your purse or wallet.
Question Two: On the LoveLegacyDignity website you have an Advance Directive and a form to nominate a Health Care proxy. These documents do not have official legal standing, what can I do to try to make sure that my voice is heard and respected?
One day, still in my lifetime, I hope this question will be redundant.
In several other countries, the Advance Directive (some refer to it as a Living Will) is legally recognised and the medical profession adheres to the patient’s wishes one hundred percent (probably due to the fear of being sued if they were to deviate from the wishes expressed).
Similarly, in many other countries, the person you designate to speak for you if/when you are unable to speak for yourself is the recognised authority that the medical profession will defer to – and it is important to note that this chosen person does not need to be next-of-kin.
Currently, hospitals operate on autopilot guidelines, such as “only immediate family may see the patient”. They want only immediate family to be the point of communication with the medical staff.
This is a serious problem for people, whose chosen way of living, has resulted in having extraordinarily strong ties to non-family members.
You might remember during the Covid-19 pandemic that Advocate Thuli Madonsela, former Public Protector, currently the Chair in Social Justice at Stellenbosch University raised the importance of the issue of recognition of non-family relationships. Initially, regulations proposed funerals only be attended by “close family members”. It took advocacy for people to accept that the state should not prescribe attendance according to biological, legal, or family status.
Both Mapi and I have named Health Care Proxies to advocate for us who are not our next of kin. For Mapi it is a good friend who is also close to her family, whom she trusts to communicate with everyone and who will have the calmness and courage to say, in the given circumstances, “Yes, it is okay to turn off the life support machine.” For myself, I do not want my beloved husband to be in this predicament. I have a very dear friend, with a medical background, who has the perspective, sufficient emotional distance, calmness, firmness, and courage to act for me. I am grateful for her acceptance of this responsibility.
And what’s to happen if an emergency arises? My GP has a copy of my Advance Directive and the form nominating my Health Care Proxy. At home I have a file ready to be taken to the hospital with me should that occasion arise.
But I know that the likelihood of my wishes being respected depends on the chance of which medical staff happen to be on duty. Will there be a doctor who believes it is their right to have the final word on treatment of patients under their care or will there be a doctor who respects patient’s rights to make their own decisions, including the right to refuse treatment?
A human rights lawyers has suggested that LoveLegacyDignity needs to consider expanding its advocacy role. Currently, Mapi and I write this column for News24 and our LLD subscribers. We also accept any invitation to speak on radio, TV, or any group of individuals. We run a bi-annual online course, Live By Design Finish Strong. It is our soul work. Three other paid-for part-timers support us.
What might more advocacy look like in terms of resources and time? It is suggested that Mapi and I search for lawyers prepared to be pro bono counsel who will advocate for legislative changes to secure these patient rights.
However, the wheels of legislative change always turn extremely slowly – it is a long game. In the shorter term, what is the possibility of an interim solution that could be pursued? What might our about-to be advocacy group achieve if it were to approach the state hospitals and private hospitals and request they engage on this issue?
This is seriously thought-provoking. It requires an activist mindset. Any volunteers or suggestions from our readers? Please write to info@lovelegacydignty.com
Meanwhile, our answer to the question about what can be done to ensure your voice will be heard is not very comforting. Current practice is out of sync with the spirit of our Constitution.
This needs to change.