By Kerstin Glomb
WHAT IS IT? A "Declaration of Life"
is sometimes also referred to as a "Living Will" or
"Advance Care Directive". In these documents a person
provides guidance to his or her enduring guardians in relation to
medical treatment, life support issues and availability of the
person's body for transplant or other purposes.
It should be noted that a declaration of life is not legally
binding and the enduring guardian may decide against the wishes
expressed.
SO WHY PUT A DECLARATION OF LIFE INTO PLACE?
There are conflicting legal opinions on declarations of life and
their importance in an estate plan.
Some consider it sufficient to appoint an enduring guardian. An
enduring guardian is authorised to make decisions concerning a
person's lifestyle (including but not limited to medical
decisions) if the person is no longer able to make these decisions
due to lack of mental capacity. It is held that a person should
trust their guardian's judgment to make
