Living Will

What is a Living Will? 

A Living Will, also called an Advance Medical Directive, is a legal document where you write down your wishes for medical treatment in case you become unable to communicate, such as if you are in a coma or a persistent vegetative state.  

This document lets you decide in advance if you want to use or stop treatments that keep you alive, like breathing machines, feeding tubes, or emergency CPR. 

You can also use a Living Will to name someone (sometimes called a healthcare proxy or agent) who can make medical decisions for you if you can’t speak for yourself.  

This helps ensure your healthcare choices are respected and removes the burden from your family to make difficult decisions during stressful times.

When Should a Living Will be Used? 

• Before a medical emergency occurs (If already made) 
• When diagnosed with a serious or chronic illness 
• Doctor certifies that the person is in a permanent vegetative state.  
• Prior to major surgery or medical treatment  
• As you age or experience declining health  
• If you want peace of mind for your family  
• Anytime you want to stay in control  

How Does a Living Will Work? 

Living wills and advance directives come into play only when an individual faces a life-threatening condition and is unable to communicate their desires for treatment. 

Real Case Scenario

Like the case of 78-year-old women from Delhi, who had early-stage Alzheimer’s and advanced heart failure. Five years before her condition worsened, she signed a Living Will, clearly refusing life support like ventilators or feeding tubes if she ever became permanently unconscious. She opted instead for only pain relief and no aggressive treatment. 

After a severe cardiac arrest left her in a coma, doctors suggested life support. But her children produced her notarized Living Will. Following review, the hospital honored her wishes and shifted her to palliative care, where she passed away peacefully. 

Thanks to her Living Will, her family avoided tough decisions, legal issues, and costly treatments. Most importantly, her dignity and final wishes were respected. 

Why Do you Need a Living Will? 

A Living Will gives you the power to decide how you want to be treated medically if you’re ever unable to speak for yourself due to illness, injury, or unconsciousness. 

• It ensures your healthcare decisions like whether to use life support, feeding tubes, or resuscitation ('Mouth to mouth' breathing support) are honored, even when you can’t express them. 

Without a Living Will: 

• Doctors may provide treatments you don’t want. 
• Family members might disagree or feel guilt over what decisions to make. 
• Legal confusion can delay urgent care or result in court involvement. 
• Having a Living Will offers clarity, control, and peace of mind for you and your loved ones when it matters most.

Who Needs a Living Will? 

• Adults with chronic or serious illnesses to pre-defined medical treatment. 
• Elderly individuals to ensure their healthcare choices are honored  
• Patients undergoing major surgeries  
• Anyone wanting control over future medical decisions  
• People without close family support  
• Those who wish for a dignified end-of-life process 

What Should Be Included in a Living Will?

1. Parties Involved

• Declarant (Testator) - A Declarant is the person who creates the Living Will. These individuals outline their preferences regarding medical treatments like life support, resuscitation, ('Mouth to mouth' breathing support) or pain management, in case they are unable to make decisions later.
• Executor/ Healthcare Proxy - The Executor or Healthcare Proxy is a trusted person often a family member, close friend, or legal guardian who is authorized to act on the declarant’s behalf and communicate their healthcare decisions to doctors when the declarant becomes incapacitated.

2. Declaration and Legal Validity: This clause confirms that the Declarant is of sound mind and is making the Living Will voluntarily. It declares the document as legally valid and binding on healthcare providers and family members when the Declarant is unable to make decisions due to a terminal condition or unconsciousness. 

3. Nomination of Representative: This allows the Declarant to officially name a trusted person (and a backup) who will be responsible for making medical decisions on their behalf if they are no longer capable of doing so. 

4. When the Will Becomes Active: This defines the condition under which the Living Will comes into effect specifically, when a medical board confirms that the Declarant is in a terminal state with no possibility of recovery, either in a hospital or as verified by a district medical board. 

5. Role of the Nominated Representative: This outlines the responsibilities and powers of the nominated representative, including making treatment decisions, accessing records, and ensuring that the Declarant’s wishes are respected and followed by the medical team. 

6. Medical Treatment Preferences: This clause details the Declarant’s specific choices about life-sustaining treatments like CPR, ventilators, artificial feeding, surgeries, dialysis, and medications, helping doctors and representatives follow those instructions during treatment. 

7. Pain and Comfort Measures: This lets the Declarant express their preferences for pain management and comfort care, such as use of palliative care (specialized medical care), emotional support, and ensuring a peaceful and dignified environment in end-of-life care. 

8. Duties of the Representative: This clause emphasizes the representative’s duty to act in good faith, resolve any family or medical team conflicts, consult doctors when needed, and uphold the intentions stated in the Living Will. 

9. Organ Donation: This provides the option for the Declarant to express a desire for organ donation. It authorizes the representative and doctors to proceed with organ donation, subject to medical and legal guidelines. 

10. End-of-Life Choices: This allows the Declarant to choose whether they prefer withdrawal of life support in terminal conditions or continued treatment, while clearly stating that active euthanasia is not permitted under Indian law. 

11. Revocation and Amendments: This allows the Declarant to revoke or change their Living Will at any time while they are mentally sound. It explains that any changes should be documented properly, or if made verbally in emergencies, must be recorded and confirmed in writing. 

Living Will Vs Living Trust

Know the Law 

In India, the living will is not governed by any laws under the Indian Legal system but it is governed by: 

1. Supreme Court Judgments and 2023 Guidelines

The concept and enforceability of Living Wills in India has originated from Supreme Court rulings which simplify the process for executing and enforcing Living Wills. 

2. Personal Laws for Different Communities

Living Wills are treated as a secular legal instrument. There are no specific personal law for Living Wills under Hindu, Muslim, Christian, or Parsi personal laws in India.  

How to Make a Living Will? 

• Visit the Website - Go to digilawyer.ai 
• Select the AI Drafting Option - On the left-hand side of the homepage, click on "AI Drafting." 
• Choose the Will Section - From the list of document categories, select “Will”. 
• Pick the Type of Will - Choose “Living Will” as the type of will you want to create. 
• Fill in the Required Details - Enter all the necessary personal, medical, and preference-based information as prompted by the platform. 
• Generate Your Personalized Living Will - The system will create a customized Living Will document based on your inputs. 
• Get It Notarized and Delivered - You can opt for notarization services and have the finalized will delivered right to your doorstep. 

Documents Needed for Living Will 

• Two passport size photographs 
• Mental fitness certificate from the doctor while making the Will 
• Two witness Photos 
• ID proof of the testator and witness 
• Address proof of the testator  
• PAN Cards of the testator and witness 

Impact of Not Following the Clauses 

• Legal Disputes - Heirs may contest the will in court, leading to delays and probate battles. 
• Will May Be Declared Invalid - If fraud, coercion, or forgery is proven, the will can be canceled. 
• Executor Liability - Executors can be removed or sued for mismanagement or dishonesty. 
• Criminal Charges - Forgery or tampering can lead to imprisonment under BNS Sections 338 & 340(2). 
• Delayed Distribution - Breach causes probate delays, legal costs, and emotional stress. 

Why Choose DigiLawyer for Drafting Your Will?

At DigiLawyer, we make it simple and secure to create your Living Will, giving you full control over your medical choices in critical situations. Our legal experts ensure that your Living Will complies with Indian laws and reflects your true intentions. With an easy online process, expert guidance, and legally sound documentation, we help you protect your healthcare decisions and bring peace of mind to your loved ones. 

What Makes Us the Best Choice? 

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