LIVING WILL IS NOW A LEGAL DOCUMENT

The Supreme Court has made it legal to write an Advance Medical Directive, or living will, in cases of passive euthanasia. They have expanded the fundamental right to life and liberty, enshrined in Article 21, such that it includes the right to die with dignity. What does this mean for you and your loved ones?

WHEN TO MAKE IT

Person is of sound mind and can comprehend the consequences of executing the document

Voluntarily and under no duress Person should be an adult

If there is more than one living will, the most recently signed one will be valid

ESSENTIAL ELEMENTS

State the time frame to withdraw medical treatment

State the circumstances: permanent vegetative state, terminal illness, incurable conditions

State that the person may revoke the will at any time

State that the person has understood the consequences of executing this document n Name a guardian (kin or friend) who is authorised to consent/

refuse treatment

REQUIREMENTS

Signed by the person, two witnesses and a judicial magistrate

A copy should be forwarded to the district court registry

A copy should be handed over to a municipal corporation, municipality or panchayat

At the time of hospitalisation, a judicial magistrate should send a copy to the treating physician

EXECUTION OF WILL

The hospital will constitute a medical board to form a preliminary opinion on whether or not to put instructions as per the will

After certification by the medical board, the hospital will inform the district collector

The collector will constitute another medical board to give a final opinion on whether or not to withdraw treatment The judicial magistrate is informed of the second board’s decision, and must visit the patient. He authorises the decision of medical board

IF MEDICAL BOARD REFUSES

If permission to withdraw medical treatment is refused by any of the medical boards, the person’s family or guardian can approach the high court