Yes, but its based-on SC decision where the will is so tricky. Many
ifs and buts do exist where other than the unconscious patient, all can
take decisions further that THE DISEASE IS CURABLE OR NOT AT ALL-WHICH WILL
NEVER BE UTTERED BY ANY DOCTOR WELL AHEAD BUT ONLY A FEW HOURS BEFORE
PREDICTABLE DEATH. ONLY WHERE ALL THE COULOURED BELOW STATEMENT FITS ALONE
SHALL BE EXECUTED; MEANS IF THE DOCTOR STILL HOPES ASSURVIVAL OR THE
NOMINEE OPINES THE SOFT DEATH WITHOUT PAIN STILL VENTILATOR CAN BE
CONTINUED AS THE PATIENT WILL NOT BE AWARE OF IT. IT IS A CONDITINAL
COMPLAINCE RATHER THAN ACCEPTANCE TO FOLLOW THE DIRECTIVE OF THE PATIENT
TOTALLY AND ABSOLUTELY. IT’S A KIND OF JOKE; VARUM AANA VARADHU. KR IRS
261025
In India, an adult of sound mind can create a registered document
known as an Advance Medical Directive, or "Living Will," to refuse medical
treatment in case of an incurable illness. This is a form of passive
euthanasia, which was recognized by the Supreme Court of India in the
landmark Common Cause v. Union of India case in 2018.
*Key conditions* of an Advance Medical Directive
To be legally valid and enforceable, the *Living Will must adhere to strict*
guidelines established by the Supreme Court:
Voluntary and Informed Decision: The document must be executed voluntarily
by an adult with a sound and healthy mind, *and be based on a full
understanding of all relevant information and potential consequences*.
Terminal Illness: *It can be invoked only when a person has become
terminally ill, *suffers from an incurable illness, or is in a persistent
vegetative state with no hope of recovery.
Competent Witnesses: The document must be signed in the presence of *two
independent and impartial witnesses*.
Attestation: It must be attested by a notary or a gazetted officer, who
confirms that the document was made without coercion or inducement.
Official Custody: A copy of the directive must be kept by a designated
officer of the local government, such as the municipal corporation or
panchayat.
Healthcare Proxy: *The will can also name a healthcare proxy, a specific
individual who can make medical decisions* on behalf of the person if they
become incapacitated.
Revocation: The person who executed the directive can revoke, amend, or
cancel it at any time.
How the process is implemented
When a person who has made a Living Will becomes terminally ill, a
rigorous process
is followed before life-sustaining treatment can be withdrawn:
Medical Board Review: Two separate medical boards are constituted by the
hospital to verify the patient's medical condition and confirm that they
meet the necessary criteria. The boards also confirm the validity of the
Living Will itself.
Consent of Nominee: *The person(s) named in the directive must consent to
the withdrawal of treatment.*
Judicial Magistrate Notification: The hospital is required to notify a
judicial magistrate of the medical boards' decisions.
Palliative Care: Following a decision to withdraw treatment, the patient
will be given palliative care to manage pain and suffering and ensure
comfort.
Distinction between passive and active euthanasia
It is crucial to understand that only *passive euthanasia* is permitted
under this framework.
*Passive Euthanasia* (Legal): Involves withholding or withdrawing
life-sustaining medical treatment, such as a ventilator or feeding tube, to
allow the underlying illness to take its natural course.
Active Euthanasia (Illegal): Involves a deliberate act to end a patient's
life, such as administering a lethal injection. This remains a criminal
offense in India.
KR IRS 261025
---------- Forwarded message ---------
From: R V Rao <[email protected]>
Date: Sun, 26 Oct 2025 at 06:44
Subject: [society4servingseniors] Living will
To: societyforservingseniors <[email protected]>
Caution:
Such of those members who are doing not like words like death or will or
hospitals and dignity in dying
are requested to avoid reading further. If you have any positive suggestion
you are welcome. You may also point out any factual lapse, additions and
deletions.
I made this forward after witnessing the agony and pain of those whose life
ended with financial ruination.i firmly believe life as reality. Regards
Below is a complete draft of your Living Will (Advance Medical Directive),
written in clear legal form as accepted under Indian guidelines (as per the
Supreme Court’s 2018 and 2023 directions). It includes your particulars,
space for witnesses, and follows Tamil Nadu procedure.
---
🕊️ LIVING WILL / ADVANCE MEDICAL DIRECTIVE
I, R. V. Rao, aged 88 years, residing at Flat 4, Kaveri Apartments, 10
Sunderarajan Street, Abhiramapuram, Chennai 600 018, being of sound mind
and good mental health, do hereby voluntarily execute this Living Will /
Advance Medical Directive on this ___ day of __________ 20___, out of my
free will and without any coercion, undue influence, or pressure.
1. Purpose
This Living Will expresses my clear instructions regarding medical
treatment to be administered to me in the event that I become terminally
ill, or am in a permanent vegetative state, and am unable to communicate my
wishes.
---
2. My Medical Wishes
If at any time I am suffering from an illness that is:
incurable, and
terminal in nature, or results in a permanent vegetative state,
and where my attending doctors are of the opinion that there is no
reasonable hope of recovery, I hereby direct that:
a. I do not wish to be put on artificial life-support systems (such as
ventilator, cardiac resuscitation, or feeding tubes) merely to prolong
biological life.
b. I wish to receive only palliative care, including pain relief, comfort
measures, and dignity in my remaining days.
c. I do not consent to any medical treatment that only delays the natural
process of dying.
d. I authorize my treating doctors and the hospital’s medical board to act
in accordance with these directions.
---
3. Nominated Representative
In the event that I become incapable of making decisions, I nominate the
following person to interact with doctors and ensure that my wishes are
respected:
Name: __________________________
Address: ________________________
Contact No.: ____________________
Relationship: ____________________
(If the nominee is unavailable, my treating doctors may proceed in
accordance with this directive.)
---
4. Declaration
I make this declaration voluntarily and in full possession of my mental
faculties. I understand its implications and confirm that it represents my
free and informed decision.
---
5. Signatures
Signature of Declarant: _____________________
Name: R. V. Rao
Date: _____________________
Place: Chennai
Witness 1:
Name __________________________________
Address _______________________________
Signature _____________________________
Date __________________________________
Witness 2:
Name __________________________________
Address _______________________________
Signature _____________________________
Date __________________________________
---
📘 Registration Procedure in Tamil Nadu (2025)
1. Prepare two identical copies of the above Living Will on plain A4 paper.
2. Affix a recent passport-size photo of yourself on each copy.
3. Visit the Sub-Registrar Office nearest your residence (for you, Mylapore
or Teynampet Sub-Registrar Office would be applicable).
4. Carry:
Original Aadhaar card and one additional ID (PAN/Passport).
Address proof (ration card, Aadhaar, or electricity bill).
Two adult witnesses with ID proof.
5. Ask to register the document as a “Living Will / Advance Medical
Directive.”
The Sub-Registrar will record thumb impressions, photographs, and witness
signatures.
One stamped copy will be returned to you.
6. Give photocopies to your nominated representative, family members, and
treating hospital/doctor.
7. Optionally: keep a scanned copy with your family physician and note its
existence in your personal medical file.
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