Living will

Querist : Anonymous (Querist) 06 July 2018 This query is : Resolved
Can somebody write Living Will and Last will in the same document. or both have to be separated.

Are the formalities of registering the living will as the normal will

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P. Venu

(Expert) 07 July 2018
A Living Will is distinct from a Will as defined under the Indian Succession Act; it does not deal with the property, but with the LIFE of the executant.
A living will is a document that states a person’s wish with respect to how they want to be treated if they are terminally ill. The Supreme Court has laid out instructions as to how the living will should be structured.

The person making a living will should be of healthy and sound state of mind and should have the capability to communicate his or her intent and decision clearly. While making a living will, he/she should not be under the influence of someone else or is forced or coerced. The living will should be made voluntarily by the person and not under duress.

A living will must be a written document.

The will should declare that the person making it knows the consequences. It should state at which point treatment should be withdrawn or not given. It must state the circumstances of enforcing such a decision. It should name a relative who can decide on his/her behalf.

The living will should be signed by the maker in the presence of two witnesses. It should be countersigned by the judicial magistrate of first class (JMFC), conf rming that the will has been drawn up voluntarily.

The JMFC will maintain a copy of the will and forward a copy to the registry of the district court of that jurisdiction.

In a situation leading to circumstances mentioned in the living will, the treating physician shall confirm the authenticity of the living will with the JMFC. Proper legal and operational procedures set out to give effect to the living will must be followed.

Querist : Anonymous (Querist) 07 July 2018
Thank you for the information

Ms.Usha Kapoor (Expert) 08 July 2018
I agree with Venu's opinion.

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