A living will promises autonomy of your own life, takes off a huge burden from your family members and doctors, and allows you to live your last days with dignity. If you haven’t drafted a living will already or are blissfully unaware of it, this World Health Day, let legal experts tell you what it is and why you should consider filing one
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It is not your usual will and is completely different from euthanasia. It is not just any legal document. It is legally recognisable in the eyes of Indian law. A living will is a friend to those who cannot communicate or are no longer of sound mind to make medical decisions for themselves. A living will is probably one of the best decisions you can make for yourself and your family members.
Given the fact that illnesses of all kinds, from cancers to lifestyle diseases, are on the rise, it has become extremely crucial for every adult to secure themselves medically for times when they become incapacitated. A living will enables you to do just that.
With World Health Day 2024 around the corner, Mid-day.com chose to speak to experts who volunteered to educate our readers about living will. While health experts refused to comment on the subject, three legal experts shared relevant insights on what a living will is, why one should draft the document, its advantages, and limitations, as well as the procedure to get a living will drafted.
What is a living will?
As explained by Bhaavya Roy, managing partner and founder, Kranti Law Offices, a ‘living will’ also known as an Advanced Medical Directive is essentially a legal document that allows an individual to specify their wishes and instructions about medical treatment and end-of-life care in the scenario that they become terminally ill or incapacitated and are unable to communicate.
The term end-of-life care refers to medical care and support offered to patients and their families during the time leading up to death. The motive is to help patients live life as comfortably as possible by effectively managing physical symptoms and providing emotional, spiritual, and social support.
Adding to Roy’s explanation, Subhadip Choudhuri, advocate, Calcutta High Court, specialising in civil laws, real estate laws and estate planning, says, “A living will is prepared by a person while they are of sound mind. In the will, one may also choose to pre-determine whether they would prefer to continue to exist on life support or recommend its withdrawal in case such an event arises.”
Adding to this, Shreya Sharma, lawyer, founder, Rest The Case highlights a key piece of information. She says, “A living will is completely different from a will. Unlike a regular will or testament which deals with the distribution of assets after death, a living specifically addresses healthcare decisions while the individual is still alive.”
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