Living will
visuiyer
(Querist) 07 October 2024
This query is : Resolved
I am 60 single, with no financial and family commitments.
I have declared organ donation and body donation.
Now my question is, I propose to execute LIVING WILL.
please let me know the procedure and details of execution and procedure.
can I execute the LIVING WILL on line.
T. Kalaiselvan, Advocate
(Expert) 07 October 2024
In India, a living will is executed by the testator, or executor, by following these steps:
The executor must be at least 18 years old and mentally sound
The executor should choose a guardian, preferably a family member or close relative, to help carry out the will.
The executor must sign the living will in the presence of two independent witnesses. The witnesses must also sign the will in the executor's presence.
A notary or gazetted officer must countersign the document. They must verify that the document was created without coercion
The executor must share copies of the living will with the guardian, family physician, and the local government officer or Municipal Corporation.
The jurisdictional Judicial Magistrate of First Class (JMFC) must countersign the living will. The JMFC will then provide copies of the will to the relevant authorities and inform the executor's immediate family
A living will allows a person to record their wishes for a trusted family member or guardian to make decisions on their behalf. It can also provide relief to family members, knowing that the person has given them the authority to make decisions.
kavksatyanarayana
(Expert) 07 October 2024
You can contact the National Organ and Tissue Transplant Organization, Health and Family Welfare Ministry, Government of India. You have to register your donation online under "The Transplantation of Human Organs and Tissues Rules,2014".
visuiyer
(Querist) 07 October 2024
I have already executed a wil for my investment
I am single with no legal heirs no relatives and no family members
I have no Medical proxy
I am healthy at 60 with no ailments and self dependent, living alone
I have offered for organ donation
I have offered donation of my body after my death.
Now this living Will is for medical treatment if any required in future.
Please advise. Do I necessarily to execute this living Will
T. Kalaiselvan, Advocate
(Expert) 08 October 2024
A living will is a legal document detailing the type and level of medical care one wants to receive if they are unable to make decisions or communicate their wishes when care is needed. A living will addresses many life-threatening treatments and procedures, such as resuscitation, ventilation, and dialysis.
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
The advance directive should clearly state the circumstances in which medical treatment may be withheld or withdrawn, and it should be unambiguous.
The document must be signed by the executor in the presence of two witnesses and countersigned by a judicial magistrate.
Copies of the directive must be preserved by the magistrate, district court, and local authorities.
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.
P. Venu
(Expert) 21 October 2024
Further information laid down by the Supreme Court could be accessed at https://www.livelaw.in/top-stories/right-to-die-supreme-court-makes-it-easier-for-persons-to-opt-for-passive-euthanasia-simplifies-2018-guidelines-on-living-willadvance-directive-220682
