A Living Will, also known as an Advance Medical Directive, is a legal document that allows individuals to state their preferences regarding medical treatment if they become incapacitated or unable to communicate their decisions. It is a crucial tool for those who wish to ensure their wishes are respected, especially concerning life-sustaining treatments.
1. Expression of Medical Preferences:
A Living Will outlines the types of medical treatments you consent to or refuse in situations such as terminal illness, permanent vegetative state, or irreversible coma.
Examples include:
Mechanical ventilation
Artificial nutrition and
hydration Cardiopulmonary resuscitation (CPR)
2. Legal Validity in India:In India, the Supreme Court recognized the validity of Living Wills in the landmark case of Common Cause v. Union of India (2018), affirming the right to die with dignity under Article 21 of the Constitution. The judgment was later clarified in MA No. 1699/2019, which outlined detailed procedures for executing and implementing such directives.
3. Appointment of a Guardian/Attorney:The document often includes the appointment of a trusted individual (Attorney/Guardian) who can make healthcare decisions on the person’s behalf if they are unable to do so.A Living Will is a critical document for those who wish to ensure their medical preferences are honored in certain situations. It empowers individuals with the right to die with dignity while providing legal and ethical clarity for healthcare providers and loved ones.
In India, creating a Living Will requires adherence to specific statutory formalities to ensure its validity.
- Adv. Puja Pilankar
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