Answer By law4u team
A living will is a legal document that allows a person to state their wishes regarding medical treatment in case they become incapable of communicating or making decisions due to a terminal illness, unconsciousness, or a permanent vegetative state. In India, a living will is legally recognized as part of the "Advance Medical Directive" under the right to die with dignity, which is a part of the Right to Life under Article 21 of the Constitution. Legal Status in India: The concept of a living will was recognized by the Supreme Court of India in the landmark judgment: Common Cause v. Union of India (2018) In this case, the Supreme Court held that: A person has the right to die with dignity. An individual can make an Advance Directive or Living Will stating that in case they suffer from a terminal illness with no hope of recovery, they should not be kept alive through artificial life support. It also laid down guidelines for the execution, authentication, and implementation of such directives. What Does a Living Will Include? A living will typically includes: A clear statement that the person does not want life-prolonging treatment if they are in a terminal condition or permanent vegetative state. Consent to withdraw life support, including ventilators, feeding tubes, or resuscitation. The name(s) of a guardian or legal representative who can help ensure the will is followed. Procedure to Make a Living Will (As per Supreme Court Guidelines): The revised procedure (2023) for making a living will (streamlined from the 2018 version) includes: 1. Made by a competent adult: The person should be of sound mind and capable of making an informed decision. 2. In writing and signed: It should be signed in the presence of two attesting witnesses and countersigned by a Gazetted Officer or Notary. 3. Copy to family doctor and hospital: A copy should be provided to the person’s family physician (if any), and ideally to the hospital where the person is likely to receive care. 4. Registration (optional): While there's no formal registration process yet, keeping the directive accessible is crucial. 5. Implementation: If the person becomes terminally ill, the hospital must form a Medical Board to certify that the condition is irreversible. This is then reviewed by a Secondary Medical Board, and if they agree, life support can be withdrawn. Important Points: A living will cannot authorize euthanasia or assisted suicide, which is still illegal in India. It only deals with passive euthanasia — the right to refuse or withdraw life-sustaining treatment. It must be made voluntarily, without any coercion. In Simple Terms: A living will is a legal declaration by a person that if they are ever in a medical state where recovery is impossible, they do not want to be kept alive on machines. It allows the person to retain control over end-of-life medical decisions even when they are unconscious or incapable of communicating.
