In India, the preparation of a living will, also known as an advance medical directive, is recognized as a fundamental right under Article 21 of the Constitution, following the landmark judgment by the Supreme Court in the case of Common Cause (A Regd. Society) v. Union of India (2018). This judgment, further streamlined by the Supreme Court's order on January 24, 2023, empowers individuals to outline their preferences for medical treatment in situations where they may become incapacitated and unable to communicate their decisions. A living will allows you to express your wishes regarding life-sustaining treatments, artificial nutrition and hydration, and palliative care, ensuring that your medical care aligns with your values and desires even when you cannot voice them. The recent guidelines simplify the process of creating a living will, requiring it to be signed in the presence of two attesting witnesses and attested by a notary or a Gazetted Officer. This directive is crucial for ensuring that your end-of-life care respects your autonomy while also providing clear guidance to your loved ones and medical professionals.
 

Supreme Court Order on March 9, 2018 - Common Cause vs. Union of India
 Supreme Court's order on January 24, 2023 - clarification
 

10-Step Mechanism for Preparing a Living Will in India

1. Understand the Purpose:

   • Educate yourself about what a living will is and its purpose. It is a document that expresses your wishes regarding medical treatment in situations where you may become incapacitated and unable to communicate your decisions.

2. Reflect on Your Wishes:

   • Consider and decide on your preferences for medical treatment, including life-sustaining measures, artificial nutrition and hydration, and palliative care. Think about what you would want if you were terminally ill or in a persistent vegetative state.

3. Consult Healthcare Professionals:

   • Speak with your doctor or healthcare provider to understand the medical implications of your choices. They can provide insight into various treatment options and their outcomes.

4. Draft the Living Will:

   • Write down your preferences clearly and specifically. The document should state your decisions regarding the types of medical treatment you wish to receive or refuse.

5. Include Personal Details:

   • Ensure that the living will includes your full name, address, age, and a clear statement of your wishes. Also, include the date of the document.

6. Select Witnesses:

   • Choose two witnesses who will attest to your signing of the living will. The witnesses should not be beneficiaries of your will or have any conflict of interest.

7. Sign the Document:

   • Sign the living will in the presence of the two attesting witnesses. The witnesses must also sign the document, affirming that they have witnessed you signing it voluntarily and without any coercion.

8. Attestation by Notary/Gazetted Officer:

   • Have the document attested by a notary or a Gazetted Officer. The notary or Gazetted Officer will verify your identity and the authenticity of the signatures, and will attest that the document has been executed voluntarily and with full understanding.

9. Inform Family and Friends:

   • Inform your family members, close friends, and healthcare providers about your living will and where it is kept. It’s important that they are aware of its existence and contents.

10. Review and Update Periodically:

    • Regularly review and update your living will to ensure it reflects your current wishes and any changes in your medical condition or preferences. It is advisable to do this every few years or after any major health changes.