How to make a living will

A recent Supreme Court judgment has made it possible for a person who is terminally ill or in advanced vegetative state to enforce a living will. A living will is a document that states a person’s wish with respect to how they want to be treated if they are terminally ill. The Supreme Court has laid out instructions as to how the living will should be structured.

Essentials
The person making a living will should be of healthy and sound state of mind and should have the capability to communicate his or her intent and decision clearly. While making a living will, he/she should not be under the infl uence of someone else or is forced or coerced. The living will should be made voluntarily by the person and not under duress.


Written document
A living will must be a written document.

Language
The will should declare that the person making it knows the consequences. It should state at which point treatment should be withdrawn or not given. It must state the circumstances of enforcing such a decision. It should name a relative who can decide on his/her behalf.

Signature
The living will should be signed by the maker in the presence of two witnesses. It should be countersigned by the judicial magistrate of first class (JMFC), confi rming that the will has been drawn up voluntarily.

Copy with JMFC
The JMFC will maintain a copy of the will and forward a copy to the registry of the district court of that jurisdiction.

Points to note
1. In a situation leading to circumstances mentioned in the living will, the treating physician shall confirm the authenticity of the living will with the JMFC.
2. Proper legal and operational procedures set out to give effect to the living will must be followed.

(The content on this page is courtesy Centre for Investment Education and Learning (CIEL). Contributions by Girija Gadre, Arti Bhargava and Labdhi Mehta.)

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