Living will

visuiyer (Querist) 16 February 2025 This query is : Resolved
I am planning and proposed for living will.
I don't have any ailments or taking any medical treatment.
I have already pledged for body donation.
Now to execute living will, I need the legal advise and guidelines.

Veterans, please guide me on this
(I am in reference to Supreme Court of India guidelines on passive euthanasia, 2018)

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Quick Summary

This discussion clarifies the legal standing and execution of Living Wills in India, based on the Supreme Court's 2018 guidelines recognising advance medical directives for passive euthanasia. Key points covered include the eligibility criteria, necessary documentation, the role of a guardian, and the attestation process involving witnesses and a notary. While registration isn't mandatory, notarisation is sufficient for validity, and it's distinct from a financial will.

T. Kalaiselvan, Advocate (Expert) 16 February 2025
the Supreme Court in 2018 recognized the validity of "living wills" or advance medical directives, allowing terminally ill patients to choose passive euthanasia by withholding or withdrawing medical treatment, but active euthanasia remains illegal.
The judgment recognized the principles of patient autonomy, self-determination, and human dignity as enshrined in Article 21 of the Constitution.
Basic Requirements For Making A Living Will In India

They must name a person, preferably from their family or close relatives as a Guardian to help execute the Will. The document must then be hand attested by the Executor, two independent Witnesses, and countersigned by a notary or gazetted officer.

A. A. JOSE (Expert) 16 February 2025
I entirely agree with above view.

visuiyer (Querist) 17 February 2025
Thank you Ji,

I have few more questions on this...please..
1.Is registration of living will compulsory.
2..Will the financial will will be valid
3. Will this be feasible to claim life insurance by the nominee because life insurance prescribe natural death
4. Do we need to alter because of the LIVING WILL when there is no change in the finance Will
5.A simple deed in noon judicial stamp paper with notorised Will be enough?

T. Kalaiselvan, Advocate (Expert) 17 February 2025
1. It is not mandatory.
2. Yes it is valid.
A "financial will," or more commonly referred to as a "will" or "last will and testament," is a legal document outlining how a person wants their assets and property to be distributed after their death, ensuring their wishes are followed and assets are transferred smoothly.
3. The bequest may be claimed by the beneficiary by enforcing the Will following the procedures of law.
4. A living will, also known as an advance directive, is a legal document that allows individuals to express their wishes regarding end-of-life medical treatment.
Whereas the financial Will is different to this, hence you may better ask the question based on your requirements alone instead of posting hypothetical questions.
5. For your information tailed information is given below to this question:
The Supreme Court of India has recognized the validity of living wills and provided guidelines for their execution and implementation:

Eligibility: Only adults with a sound mind can execute an advance directive voluntarily and without coercion.
Content: The advance directive should clearly state the circumstances in which medical treatment may be withheld or withdrawn, and it should be unambiguous.
Revocation: The executor may revoke the directive at any time.
Execution: The document must be signed by the executor in the presence of two witnesses and countersigned by a judicial magistrate.
Preservation: Copies of the directive must be preserved by the magistrate, district court, and local authorities.
Implementation: If the executor becomes terminally ill or in a persistent vegetative state, a medical board will review the directive and decide on its implementation after considering the family's views.

Dr. J C Vashista (Expert) 18 February 2025
Very well explained and advised by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate his acumen.
Nothing more to add.

Sudhir Kumar, Advocate (Expert) 20 February 2025
Nicely explained.

No use repeating on https://www.lawyersclubindia.com/experts/living-will--765016.asp

visuiyer (Querist) 07 June 2025
Thank you Kalaiselvan ji,
The process of execution of living will completed. not registered as of now, but it has been notorised.

Thank you all for the kind support and guide.

T. Kalaiselvan, Advocate (Expert) 15 June 2025
You are welcome for your appreciations, it is advisable that you register the Will

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