VAJIRAM AND RAVI The Recitals (June 2024) Page 81
Living Will
Justice M S Sonak, a Bombay High Court judge serving on the Goa Bench became the first person in Goa to register
a “living will”.
✓ Goa is the first state to implement and operationalize living will.
What Is A Living Will? It is an advance medical directive (or a written document) prepared by an individual
detailing his/her preferences for medical care or for the termination of medical support in circumstances in which
he is no longer able to make those decisions for himself.
How Is It Different From A Regular Will? A living will does not deal with disposal of any property and comes into
effect only if individuals reach a state where they cannot express their wishes regarding their preference of
medical treatment whereas a regular will is a formal, legal declaration of individuals with respect to their property
which comes into effect after their death. Strict formalities apply to its execution and implementation.
Who Can Draw Up A Living Will? An adult of a sound and healthy mind who is in a position to communicate,
relate, and comprehend the purpose and consequences of executing the document- can draw up a living will. The
individual must be aware of the conditions in which curative treatments and life support systems will be halted.
The decision to prepare a living will must be taken without any external compulsion and is voluntary.
What Are The Elements Of A Living Will? It contains-
• basic details of the individual executing the living will.
• the circumstances under which medical treatment shall be continued or be withdrawn to avoid any ambiguity,
in case of terminal illness.
• details of immediate family members who will be authorized to give consent to refuse or withdraw medical
treatment on behalf of the individual.
• Health Care Instructions: Detailed instructions regarding specific medical treatments, such as resuscitation,
mechanical ventilation, tube feeding, dialysis, and other life-sustaining measures.
• Organ Donation: Wishes regarding organ and tissue donation after death.
**All the instructions must be clear and unambiguous.
**The will must be executed in the presence of two attesting witnesses and be attested by a gazetted officer or a
notary. A copy must be handed over to the doctor and an assigned person (a close relative or friend). Copies of
the living will should also be sent to the secretary of the local self-government and the district magistrate.
Legality of Living Will
• The Supreme Court legalized passive euthanasia in 2018 in Common Cause vs. Union of India (2018) while
recognizing the living wills of terminally ill patients who could go into a permanent vegetative state and upheld
the fundamental right to die peacefully and with dignity.
• The court also issued guidelines regulating the procedure for execution of a living will. These guidelines were
modified in 2023 to make them simpler.
Procedure of Execution of Living Will
• Ascertaining the Authenticity- If the person with a living will becomes terminally ill and is undergoing prolonged
medical treatment with no hope of recovery, then the treating physician can act on the living will after
ascertaining the genuineness and authenticity of the document from the jurisdictional Judicial Magistrate First
Class (JMFC).
• Informing the Executor- The physician then informs the guardian/close relative authorized to act upon the will
about the details of the illness and the consequences of remaining untreated.
• Constituting a Medical Board- The hospital then constitutes a Medical Board to form an opinion on whether to
certify the instructions regarding withdrawal or refusal of further medical treatment. If the Board certifies the
instructions, the hospital shall forthwith inform the jurisdictional Collector about the proposal, who shall then