Property Possession Delay - RERA
MACT
Apostille Certificate
Possession Delay - NCLT
Mutual Consent Divorce
Trademark Registration
Cheque Bounce Complaint
Legal Notice
Unpaid Salary - Legal Notice
Wrongful Termination - Legal Notice
Consumer Matter - Legal Notice
Canada Immigration (PR)
Consumer Case
Posh
Legal Documentation
Suit - Recovery of Money

Marriage Certificate
Court Marriage
Name Change
Apostille Certificate
Medical Negligence
Birth Certificate
Company Incorporation
GST Registration
FSSAI License
Legal Heir Certificate

Property Law
Divorce
Family
Employment
Recovery of Money
Startup
IPR
Corporate
General Legal
Criminal
Consumer Protection
Civil
Corporate and Individual Taxation
Marriage
Immigration Services
Licenses

For Lawyers
For Businesses

LIVING WILL

Aug 10, 2021
     
A living will is a document that prescribes a person's intentions as to the health care provider,if he could not communicate his preferences. In India, 'living will' follows the case law ofadvanced directives, which has its roots in US law. For the implementation of AdvanceGuidelines, a certain method must be followed. "A legal document stating your health caredesires if one gets incompetent or is unable to communicate," says Black's Law's Dictionaryin advance directives. In the A Regd. Society against Union of India, the Supreme Court heldthat dignified death is a fundamental right guaranteed in Article 21 of the Constitution. Thisdecision cleared the door for passive euthanasia, commonly called physician-assisted suicide(PAS). According to the Supreme Court, passive euthanasia is allowed under legislation. Thepassive euthanasia is not active euthanasia, as the former does not need an overt act. Theperson's desire to treat him/her can be measured by the Advance Directives that a person isentitled, by a method provided forth in this decision.ADVANCE DIRECTIVE CAN BE ISSUED BY THE FOLLOWING: Only a sound and healthy adult with the capability to communicate, relate andunderstand the purpose and effects of executing a document can implement theAdvance Directive.  They must be carried out freely and, with complete knowledge or information,without any obligation or duress. It should have informed consent features without excessive influence or constraints. He or she shall make explicit in writing when medical care is discontinued or noparticular medical treatment will occur, simply postponing the dying process whichmay otherwise inflict agony, misery and suffering and place him or her further in aposition of indignity.ADVANCE DIRECTIVES CONTAINS THE FOLLOWING: The choice on the factors to which medical care can be withheld or withdrawn shouldbe clearly indicated. The directions should be clear and straightforward, and should be explicit. It should be noted that the executor might at any moment rescind the instructions. The executor should be aware of the ramifications of executing such a document. It should indicate the name of a guardian or close family member who is permitted toconsent to decline or withdraw any medical treatment in a way compatible with theAdvance Directive in case the executor is unable to make decisions at that time. If more than one Advance Directive is valid, none of which was cancelled, the laterwritten Advance Directive will be regarded as the final statement of the patient'sintentions and will take effect.THE FOLLOWING SHALL RECORD AND PREERVE THE ADVANCEDIRECTIVES: In the presence of the two certifying witnesses, preferably independent and counter-signed by the First-Class Judicial Magistrate (JMFC) chosen by the District Judgeconcerned, the document shall be signed by the Executive. Witnesses and the JMFC jurisdictions should be satisfied that this instrument wasperformed freely and without any force or duress, and all essential facts andimplications fully understood. In addition to maintaining it at digital format, JMFC should save one copy of thedocument in its office. The JMFC shall transmit to the Registry of the District Court for retention one copyof the document. In addition, a document should be kept in digital format in theDistrict Judge Registry. If it is not present at the time of execution, JMFC should advise the immediate familymembers of the executor and tell them of the execution of the document. A copy should be transmitted, as the case may be, to the appropriate local governmentauthority, to the Municipal Corporation or to the Panchayat. In this respect, theaforementioned authorities shall propose the custodian of such document for acompetent official. The JMFC shall cause to handover copy of the Advance Directive to the familyphysician, if any.WHEN AND BY WHOM CAN IT BE GIVEN EFFECT TO? If the executor becomes terminally sick and undergoes extended healthcare withoutthe expectation that the malaise will be cured, the therapy physician should verify thevalidity and the legitimacy of the Advance Directive before acting. The doctors should give appropriate weight to the directions in the paper. Only whenit is completely satisfied that the executor is finally sick and undergoes lengthytreatment or survives on a lifetime basis should it take effect, however, and that theexecutor's disease is incurable or there is no prospect of healing it. If a patient's doctor (document executor) is satisfied that the directions given in thedocument need to be followed, the executor or his close relationship, as appropriate,shall inform the executor or his guardian about the nature of the disease, theavailability of medical treatment and the consequences of alternatives and theconsequences of non-treating. He must also guarantee that he or she feels, forreasonable reasons, that the information supplied is understood, coagulates about thealternatives and considers that the best option for medical treatment is the decision towithdraw or to refuse. A medical board composed of head of treatment, at least three expert specialists fromthe fields of general medicine, cardiology, neurology, nephrology, psychiatry andoncology with a medical care experience and a general standing of at least twentyyears in medically advanced medicine shall be the executive doctor admitted to themedical department for medical therapy. It is a preliminary view that this decisionshall be seen. Should the Hospital Medical Board confirm that it is appropriate to carry out theinstructions set out in the Advance Directive, the physician/Hospital should promptlyreport the plan to the Collector's authority. The Collector is then immediatelyappointed as the Chairman of the Medical Officer of the district concerned and threeexpert doctors from general health, cardiology, neurology, nephrology, psychiatrics oroncology with at least twenty years of experience in critical care and an overallmedical profession (who were not members of the previous Medical Board of thehospital). They shall be admitted to the hospital together and can endorse thecertificate to follow the directions included in the Directive if they agree with the firstjudgement of the Medical Commission of the Hospital. The Collector's Board should first discover the executor's desires if he is able tocommunicate and understand the repercussions of medical withdrawals. In case theperformer is unable to decide or has deficiencies in the ability to make decisions, itshould be agreed to obtain, in accordance with the clear instructions given in theAdvance Guidance, the consent of the guardian appointed by the executive in theAdvance Guideline to deny or withdraw medical treatment to the performer. A decision of the Council to be forwarded to the JMFC before giving effect to thedecision to withdraw the medical treatments given to the executor will becommunicated by the President of the Medical Committee appointed by the Collector(i.e. the Chief District Medical Administrators). Once the patient has examined allelements, the JMFC shall allow the execution of the decision of the Board as soon aspossible. It is open to the executor at any time before the document is executed. It is revoked.IMPORTANCE OF A LIVING WILL The best feature of a living will is that it protects you in the future, where you can nolonger convey your intentions. The physicians responsible for treatment will explain abit about what is going on after you're in a condition where you don't know what youwant to do. Having a living will eliminates heated discussions among members of the family ifthe choice is not the responsibility of the medical experts. Your family members arethe others who have a voice in what goes on with you. If you differ about what youshould do, it may lead to ending disputes in the connection between your familymembers. In such terrible and challenging times, this is the last thing you would liketo happen. It is your choice and nobody else with a live will. This will eliminate anydiscussion or dispute about what you should do. A willingness to live also offers you control of medical treatments and procedures incases where you are so unwell that you cannot communication. A live person instructsphysicians to follow your desires in writing in this circumstance. You take thedecision from their hands in this way. If you slip into a coma or vegetative condition, a live will decide exactly what you do.Many individuals want to die instead of another 20 years of supporting their lives.The rationale is that, if they support their lives, the family would have to pay hugemedical expenses. You can leave your family with insurmountable medical charges ifyou do not specify this. If you want anything like this not to happen, you need to havea living will that states exactly what you want in a specific circumstance to happen. Last of all, it gives you peace of mind to live. They are meant to control you in orderto prevent more harm in catastrophic situations. Tragic events are sufficiently difficultand you want to know that you and your family are appropriately treated in theseinstances. The last thing you want to do is be pitiful and finally give people beyondthe authority of your family what's going on under horrible conditions. Make yourliving today. It's so simple to postpone, yet definitely one of your finest choices.CONCLUSIONIn Indian law, the notion of living will have been given a position through judicial activisminstead of international practice. The notion is evolving just as the Vishakha directives bywhich women are protected on the job and the right to die with dignity is acknowledgedthrough living will. It is a significant step and the land law is till the legislature clearlysucceeds.

     
Related Articles
Schedule a callback
Name
Email Addresss
Mobile Number
Details