Human dignity is a fundamental value that forms the roots of mutual respect and empowers us to lead a worthy life. The conversations around dignity increase as generations progress, making it a factor in our decisions. While it is a common decision to prepare a will for when we leave our loved ones behind, we should also consider the state in which we say our goodbyes. It is important to consider making a living will to keep our dignity and our right to it during harsh medical conditions.
A living will is a legal document with clear instructions about the nature of the medical treatment if its maker is not in a state to communicate.
What are the benefits of a living will?
Let's consider who a living will can be helpful to. Let's assume Mr Kumar, aged 78, is hospitalised. His condition is considered medically irreversible and is reaching a state he would consider undignified. In such a painful situation, Mr Kumar is unlikely to be able to communicate assertively and clearly. Under enormous emotional stress, his family members would fluctuate between Mr Kumar's pain and recovery. They may experience anxiety, sadness, and even shock. A registered living Will becomes an instrument to relieve the family from responsibility when they are in a poor state while protecting Mr Kumar's right to die with dignity.
Who can make a living will & how?
The SC judgement of Common Cause (A Regd. Society) vs. Union of India and Anr., 2018 (5 SCC 1, AIR 2018 SC 1665) allows anyone above age 16 to make a living will. However, there are specific steps to follow. A living will is made after meeting these criteria:
The maker or 'executor' of the living will be of sound mind and body.
The living will should carry the signatures of two attesting witnesses.
A judicial magistrate will affirm the living will.
It is essential to inform your family members and next of kin about your living will. The doctor treating someone with a living will is responsible for its verification from a magistrate's court.
How is a living will used in practice?
The doctor treating someone with a living will is required to form a board of 3 medical experts. This board of 3 decides whether to follow the living will's instructions. The law also currently recognises passive euthanasia as a means to execute a living will, which means that the doctor is permitted to withdraw medical support, treatment, and medicines.
Are living wills popular?
Registering a living will remains a challenging task. This is due to a need for clear protocols and a law provisioning for a living will. There is also a need for more awareness about the concept across the country that prevents its adoption. A survey by Healthcare at Home (HCAH) of the people aware of the concept of a living will also yielded poor results - only 6% of people who knew of living wills had made theirs. On being informed about a living will, a substantial majority, or 87% of respondents, said it is a document meant for the terminally ill.
While hospitalisation and harsh medical conditions during our last days are becoming common, it is smart to plan for such a time and save yourself and your family from emotional pain, indignity, and preventable stress. It can let your autonomy and choice be heard at a time when your health prevents you from being yourself. A living will is implemented through a panel of doctors appointed by your primary doctor, structurally avoiding any misuse of power. In India, the law allows passive euthanasia, which means your treatment will halt at a medical state from which you have chosen not to receive further treatment.
If you are considering making a living Will, you can receive expert guidance from EasyInherit. The platform is a one-stop solution for all claims, inheritance, and will matters.
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