We ‘ve all heard the term “WILL” countless times, vivid images of documents that dictate how assets are distributed after someone passes away. But have you ever heard of a Living Will? If your answer is no, you’re not alone. It’s a surprisingly common response, even though it’s a document with profound implications for our lives and dignity.
A Living Will, formally known as an Advance Medical Directive, is a written legal document that allows individuals to specify their preferences for medical treatment in situations where they may become vegetative, helpless, or unable to communicate their decisions.
The good news is, Living Wills are recognized and allowed by Indian Court of Law. This began in India with a landmark judgment by the Supreme Court in the case of Common Cause (A Regd. Society) v. Union of India in 2018. In this ruling, the Supreme Court recognized the right to die with dignity as a fundamental right.
In 2023, the Supreme Court further eased these guidelines, making them even more accessible. However, despite these legal frameworks, awareness remains low, leading to underutilization of this important tool.
A Living Will becomes active when the executor is undergoing prolonged medical treatment with no hope of recovery and lacks the capacity for decision-making. In such cases, the treating physician takes the necessary steps before acting upon the will.
Consider the inspiring story of Dr Rajni. At 95, after realizing her cancer treatment wasn’t effective, she wrote a letter to the Head of the Department of the treating hospital, requesting no further intervention and opted for palliative care at Karunashraya. Dr. Rajni’s story is a true testament to the strength found in choosing dignity. Her clarity and acceptance challenge us to rethink how we approach life’s final chapter – not with fear, but with intent. At Karunashraya, we strongly advocate for the Living Will because we believe how we choose to leave is just as important as how we live.
A Living Will offers a multitude of benefits, easing the burden on your loved ones. Most importantly, it ensures your medical care truly reflects your personal values, beliefs, and desired quality of life. Beyond preventing unwanted medical interventions that might prolong suffering and potentially reducing end-of-life healthcare costs, a Living Will provides immense emotional relief. It removes the heavy burden of guilt from your immediate family, offering them clear, written instructions they can follow with confidence during an already emotional and difficult time. Plus, the executor retains the right to revoke the Living Will at any point before it’s implementation.
Some hospitals are now actively working to raise awareness and help patients and families to create this crucial legal document. A Living Will is a vital extension of Karunashraya’s mission, enabling individuals to proactively plan their end-of-life journey and ensure dignified care. It aligns perfectly with its goal of “adding life to days” when curative treatment is no longer an option.
We strive to take charge of how we live, so shouldn’t we take charge of how we wish to die? Your choice is your voice. Choosing to create a Living Will is a powerful act of self-determination, speaking for your wishes when you cannot. Understand the power of a Living Will.
Author
Shilpi Agrawal, Volunteer at BHT – Karunashraya