How To Register A Living Will

This article has been written by Anubhav Garg . He is a educatee of Delhi Metropolitan Education, Noida . This article discusses how to write a living will and how to execute it laying downwardly pace by footstep procedure with precise details.

Who can execute a living will?

Living Will also known as Advance Directives, Advance Healthcare Directives, Advance Medical Directives can only be executed by an developed with a audio mind and who is physically and mentally in condition to communicate, relate and comprehend the objectives and consequences of executing such advance directives document.

Living Will shall exist voluntarily executed and without any coercion or inducement or compulsion and later obtaining the full noesis or information about the atmospheric condition in which such Advance Directives can be executed? What treatments shall be given to the person and what not? Who can give effect to those Advance Directives? etc.

Information technology is mandatory for a living will to be in written format clearly mentioning equally to when tin medical handling exist withdrawn or a specific kind of medical treatment shall be given which volition just have the effect of procrastinating the death of the sufferer that may otherwise only prolong the hurting, anguish and suffering of that person.

Step ane

What are the "Must contains" of Advance Directives?/Drafting a Living Will?

Nowadays, in that location are multiple ways you can draft your Living Will. You tin draft it on your own, you can hire a lawyer to draft one for you, or you tin can get your Advance Directives drafted from the different websites like. Wide range of Templates are also available on the internet.

While your lawyer or you yourself are drafting the living will, you must accept into account that it shall have the following contents in it: –

(1.1) Clear Indications

It should clearly mention the conclusion of the executor relating to the circumstances in which medical treatment can be withholding or withdrawal.

(1.ii) Specific terms and certainty

The Living Will shall be in specific terms and the instructions with the clarity of a crystal and zip unambiguity should be there. Make a section with the name "Directions" clearly specifying the medical conditions where you lot don't want whatever kind of medical handling similar vegetative land, terminal illness, coma with no reasonable grounds of recovery etc or conditions you do desire medical handling severe mental or physical injury making you only making you differently abled.

Clearly mention the kind of treatment you want and the kind of treatment y'all don't want (which are only prolonging your life for no good, increasing your suffering, pain etc only to keep y'all on the earth)

(1.3) Revocation

It should mention the right of an executor to revoke the instructions/directives/authority at any time and the situations & circumstances under which he/she might do so. Y'all can change your mind and revoke your will at whatever time for any rationale by informing the same to your agent and the treating physician.

(one.iv) Executor's Exclamation

Information technology should assert the fact that the executor has understood the consequences of executing such directives and the Living Volition has not been entered into under any coercion, undue influence, duress etc.

(1.5) Naming an Agent

It should mention the name of a guardian or shut relative who, in the effect when the executor becomes/becoming incapable of taking decisions pertaining to the kind and nature of handling to be given to him in relevant fourth dimension shall have the authority to requite consent to pass up or withdraw medical handling in a manner consistent with the Advance Directive.

Such Guardian/relative is called "agent". Specify your agents carefully whom you trust and on whom you believe can take the second-best decision for you. Also, y'all can explicitly exclude any person/people from existence your agent in your living volition. Virtually people cull their spouse, children as their agents.

(i.6) Multiple Directives

In case, where there is more than 1 valid Advance Directive, out of which none has been revoked, the most recently signed Accelerate Directive will exist considered every bit the last expression of the patient'southward wishes and will exist given outcome to.

(one.vii) Witness Statement

Make a witness statement mentioning that the witnesses are known to you and your trustworthy. Mention that they have been come forward to witness your Will voluntarily without any coercion, undue influence, fraud, misrepresentation.

For your convenience & comfort, we accept fabricated a selfless effort of helping you lot guys by likewise attaching a template of a Living Will/Accelerate Directives drafted by our experts. So that our readers tin get everything in one single place without running to multiple articles and y'all don't take to rely on blogs which are prone to mistakes and subjectivity. The Concept of Living Volition is comparatively new in Republic of india and thus there are not many templates out there which can give you exactly what you are looking for. But that is not in our case, and then here is the living will template from our side.

Click Above

Living Will

Declaration

This Living Will's declaration on my life is fabricated on ________________(execution appointment) by me ________________(your proper noun) born on _____________resident of _________________(your accost) at_____________(place of execution). This proclamation is addressed to my surgeons, my doctors, my medical care providers, my infirmary, my family and all others who are concerned with my health care.

I, being a sound heed person and rational thoughts, wilfully, voluntarily and later on the advisedly considering and evaluating the consequences on me and on all the people I am concerned with and after consulting with my doctors and lawyers, making this announcement that if I am unable to communicate my wishes, desires and preferences by myself, consistent to which, I am unable to accept office in decisions regarding the kind of handling to exist given and non to exist given to me, I direct that concerned should take the directions mentioned herein into account for taking any decision regarding prolonging my life.

Farther, this annunciation and the directions contained herein are an expression of my legal correct to refuse medical treatment and care. I expect and rely on my trust on the higher up-mentioned parties and make them legally and morally responsible to act in accord with my directions envisaged herein. The above-mentioned parties should, therefore, exist costless from any legal liabilities for having followed this announcement and the directions contained herein.

DIRECTIONS

Withdrawing Life Support: If at any time, I go incompetent or incapacitated because of an incurable and irreversible injury, disease or affliction, or if I achieve to the stage of terminal affliction or go into a coma with no reasonable expectation of recovering my consciousness, or reach a persistent vegetative country with no reasonable expectation of regaining significant cognitive performance, or have a disease land from which I have no reasonable expectation of coming back to a reasonable quality of life as judged past my physician(s) who has/take personally examined me and has determined that my death is unavoidable and imminent except for decease-delaying procedures and I have no reasonable grounds of recovering back, I hereby direct that in such situation I shall be deemed to deny any kind of life-sustaining infusions, nasogastric hydration and nutrition, which would only prolong the dying procedure be withheld or withdrawn.

Limiting Handling: I direct that, I wish to die a natural death with only the administration of medication, sustenance, or the operation of whatsoever medical process accounted necessary past my attending doctor to provide me with comfort care. My treatment should exist express to the measures to go on me comfortable and pain-free, including any pain which might occur from the withholding or withdrawing of life-sustaining medical treatment and care.

I straight that if I am in a condition as specified above in one , I shall not be given post-obit forms of medical treatment and healthcare:
I direct that if I am in a condition equally specified higher up in 1, I shall be given following forms of medical handling and healthcare:
I hereby direct that if I am in condition as specified in a higher place in 1 and also in condition(southward)_____________ I shall go following kinds of medical treatment and care:

Amanuensis: I hereby appoint ________________(name of agent), who is my ___________(your relation with agent) resident of____________(address of agent) and_____________(proper name of 2d agent) who is my ___________(your relation with 2d agent) resident of ___________(address of second amanuensis) as my agents for the execution of this living will. They shall exist responsible for giving this declaration proper effect and honour my wishes, desires and preferences I have herein specified.

Revocation: I concur the potency to revoke these directives at any time prior to reaching the situation equally described in ane, past expressing the same to my agents.

This Living Will Declaration expresses my firm wishes, desires, and preferences and shall remain in force throughout my life unless I revoke it as mentioned in clause 7. I fully sympathise the importance and consequences of this declaration and I am fully competent to make it.

_________________ (Declarant's Signature)

(Declarant's Name)

______________________

______________________ (Declarant's Address)

____________________

WITNESS STATEMENT

I declare that the declarant who signed and best-selling this Living Will is personally known to me and that he/she has signed and best-selling this Living Will Declaration in my presence, and that he/she appears to be a person sound listen and nether no coercion, fraud, or undue influence.

____________________(First Witness' Signature)

(First Witness' Name)

________________________________________________

(Starting time Witness' Address)

I declare that the declarant who signed and acknowledged this Living Will is personally known to me and that he/she has signed and acknowledged this Living Will Declaration in my presence, and that he/she appears to exist a person of sound mind and under no compulsion, fraud, or undue influence.

.__________________(Second Witness' Signature)

(2d Witness' Name)

________________________________________________

(Second Witness' Accost)

Step 2

Registration of Living Will? When and where to Sign? Who shall be the Witnesses?

In India, there is no statute which deals with passive euthanasia. Though a bill has been proposed but it hasn't been passed even so. But the registration of the Living Will is mandatory in India. We have laid down the complex and technical registration procedure of the Living Will in a simple and presentive manner as follows: –

(2.ane)Independent Witnesses

The document shall be signed in the presence of two independent attesting witnesses by the executor.

(2.2)JMFC Signature

It is and then countersigned by the jurisdictional Judicial Magistrate of Start Class (JMFC) so designated by the concerned District Approximate. The JMFC preserves one copy of the certificate in his office, in addition to keeping it in digital format.

(2.3) JMFC's Inspection

The witnesses and the jurisdictional Judicial Magistrate First Grade shall record their satisfaction that all the documents have been executed voluntarily and with free will without any inducement or coercion or coercion and with a full understanding of all the relevant information and its consequences.

(ii.four) Forwarding to District Court

The JMFC and so forwards a copy of the Advance Directives to the Registry of the jurisdictional District Court for registration and preservation.

(2.5) Informing Family

The JMFC, then informs the firsthand family members of the executor, if they are not present at the fourth dimension of execution of such living will, and make them aware of the execution of the document.

(2.vi) Informing Family Physicians

In case the family of the executor have a personal doc the JMFC also handovers a copy of the Advance Directive to that family medico.

Step 3

How Living Will is given outcome?

(3.1) Authenticity Test past Physician

When the clock finally strikes and the executor is in a very severe condition and is going through the prolonged medical treatment with no apparent signs of recovery and edification, the treating md, when made aware about the Advance Directive, ascertains the genuineness and authenticity of them from the jurisdictional JMFC earlier interim upon it.

Physicians should be completely convinced that the executor is terminally ill and is only property onto life with medical life-support and that his illness is incurable.

(3.2) Informing Family

If the physicians treating the executor are satisfied that the instructions given in the directives are needed to be acted upon, they inform the executor's guardian/shut relatives, most the nature of the affliction, the available medical care for that illness and consequences of culling forms of treatment.

(3.iii) Cross-Bank check by Treating Physicians

Treating physicians too brand sure that executor understands the information provided in Advance Directives, he has considered options bachelor other than removing life support and has come up to a business firm view that the pick of withdrawal of medical treatment is the best for him.

(iii.4) Formation of Medical Board by Hospital

The physician/hospital where the executor has been admitted for handling grade a Medical Board comprising of the Caput of the treating Department and minimum three experts from the fields of general medicine, neurology, psychiatry or oncology and cardiology, nephrology with an overall experience in the medical field of at to the lowest degree 20 years. This board pays a visit to the patient in the presence of his guardian or shut relative.

After conducting the prognosis of the executor, they form an opinion whether to certify or non carrying out the instructions of the Living Will of withdrawal of further medical treatment. This determination by the Medical Board of the infirmary is regarded every bit a preliminary opinion.

(3.v) Formation of Medical Board by Collector

In example, if the Hospital Medical Board grants the permission that the instructions contained in the Accelerate Directives can be carried out, the physician or the infirmary shall forthwith communicate to the jurisdictional Collector pertaining to the proposal.

The jurisdictional Collector then immediately constitutes a Medical Board comprising of Chief District Medical Officer and iii proficient doctors from the fields of similar every bit mentioned above (who were not a part of the previous Hospital Medical Board).

They jointly pay a visit to the executor and if they concur with the initial decision of the Medical Board of the hospital, they may endorse the certificate to acquit out the instructions given in the Advance Directive.

(iii.6)Asking wishes of executor/guardian

The Board formed by the Collector shall beforehand ask the terminal wishes of the executor if the executor is in a position to limited and is capable of understanding the consequences of the withdrawal of medical treatment.

In instance, the executor is incapable of taking the decisions, then the approval of the guardian as nominated by the executor in the Living Will shall be obtained regarding cut off of medical treatment to the executor to the extent of and in accordance with the articulate instructions given in the Living Will.

(3.7)Informing JMFC

The Primary Commune Medical Officer communicates the decision of the Board to the jurisdictional Judicial Magistrate Showtime Class before implementing the conclusion of withdrawing of medical treatment given to the executor.

The JMFC shall pay a visit to the executor the soonest and, after examining all facets, authorise the implementation of the determination of the Lath.

(iii.8) Revocation

It is always open to the executor to revoke the Living Will at any stage before it is acted upon and administered.

Till now we learnt about the procedure by which Living Will is executed and given effect. No issues and hurdles were there and everything was going the fashion it should ideally. But life is not always that piece of cake on the states, That'south why we should e'er hope for the all-time and prepare for the worst. Now let usa discuss a situation and a common problem that pops up in giving effect to Advance Directives.

What if permission is refused by the Medical Board?

Filing of Petition

In example, if the permission to withdraw the medical treatment is not given past the Medical Board, the executor or someone from his family members or fifty-fifty whatsoever treating doctor or someone from the hospital staff has full liberty to arroyo the Loftier Court past style of a writ petition under Article 226 of the Indian Constitution.

From there, the Master Justice of the said High Court constitutes a Partition Bench to decide upon the grant of approval or to refuse the same.

Formation of Medical Board by Court

The High Court shall hear the application expeditiously after affording an opportunity to the State counsel.

It would be the discretion of the Loftier Courtroom to establish a Medical Board to perform some other prognosis on the patient and submit a report nearly the feasibility of implementing the instructions envisaged in the Living Will.

Rendering the Decision

High Court tries the best to render a decision at the primeval keeping in heed the principles of the all-time interests of the patient.

How can Advance Directives be revoked?

An private tin revoke or alter the Living Will at any fourth dimension when he/she has the capacity to do and so by following the aforementioned procedure every bit for the recording of Advance Directive. Withdrawal or revocation of an Advance Directive must exist in writing.

What are the situations in which Advance Directives are inapplicable?

1. Reasonable Grounds of Recovery

An Advance Directive volition non be enforceable to the treatment in consideration if there are sensible reasons for accepting that certain weather exist which if the private making the mandate couldn't foresee at the time of writing such Accelerate Directive and which would have influenced his choice if he had foreseen them. Case: Evolution of new Medical mechanism, the discovery of a new cure etc.

2. Ambiguous Living Volition

Medical Boards don't requite effect to the Accelerate Directive if they are non clear and unambiguous and held the same every bit inapplicable. In such a example, the general guidelines meant for patients will be applicable for the treatment without whatsoever interference from Advance Directives.

iii. What treatment will be given

Where the Infirmary Medical Board goes for a decision non to implement Living Will while treating the executor, and then it shall write an awarding to the Medical Lath formed past the Collector for considering and appropriating the direction on the Living Volition.

What if in that location is no Living Will?

In that location are many cases where the patients won't be having a living will every bit it has got legal recognition by the Supreme Court of Republic of india recently in the litigation of Common Cause (A Regd. Order) vs Matrimony Of India on 9 March 2018.

We suggest that i should make his/her Living Will earlier crossing their forties. It will requite yous plenty fourth dimension to rethink the nature of illness/serious accidents when you want medical support/ treatment to be withdrawn.

In the absence of Advance Directives, your well-wisher might decline the correct conclusion at that because of the overwhelming emotion and attachment. Having a Living Volition also reduces the burden on your loved 1 to take the hard decision in an already difficult fourth dimension. They won't take to bear the burden of taking the decision of either keeping you alive with immense suffering and hurting or complimentary yous from pain one time and for all.

Additionally, your wishes are more likely to be respected by your well-wishers in case of Living Volition beingness at that place.

In cases where there is no Living Will, the procedure and safeguards are the same equally applied to cases where the Living Wills are in being and for the purpose of aforementioned, following procedure shall be followed: –

(i) Formation of Medical Board by Hospital

In situations where the patient is critically ill and experiencing fatigued out treatment in regard of sickness which is and where there is no desire for being cured, the doctors may suggest the emergency clinic which, thusly, will establish a Hospital Medical Board in the style same way equally explained before.

(two) Taking Family Suggestions

The Infirmary Medical Lath shall discuss with the family unit physician and the family members. In such meeting, the family members can convey the pros and cons of withdrawal of further medical sustenance to the patient and if they give consent in writing, then the Hospital Medical Board may certify the course of action to be taken. Their decision volition only be considered as an initial opinion.

(3)Formation of Medical Board past Collector

In example, in the event that the Hospital Medical Board confirms the alternative of withdrawal or refusal of further therapeutic treatment, the emergency dispensary will quickly illuminate the jurisdictional Collector.

The jurisdictional Collector shall at that point establish a Medical Board including the Chief District Medical Officer as the Chairman and iii specialists from the fields and feel referred earlier.

The Medical Lath comprised by the Collector will visit the patient for his physical examination and, in the wake of considering the medical reports, may agree with the verdict of the Infirmary Medical Board. In that occasion, insinuation will be given past the Chairman of the Collector designated Medical Lath to the JMFC and the relatives of the patient.

(iv) Exam past JMFC

The JMFC visits the patient at the most soonest and checks the medical reports, analyse the land of the patient, talk well-nigh it with the relatives of the patient and, whenever fulfilled in all regards, may embrace the choice of the Collector designated Medical Lath to pull back or deny further medicinal treatment to them in critical condition quiet.

What if the Medical Lath didn't give permission (in case of absence of Living Will)?

Equally in the case where the Living Will was present and Medical Board didn't requite permission to apply those directives, the similar state of affairs can arise in a case where the Medical Board constituted past Commune Collector didn't approve the passive euthanasia and withdrawing medical treatment of the patient. In such a case, the post-obit procedure can exist followed by, the nominee of the patient or the family fellow member or the treating doctor or the hospital staff

(i) Filing Petition

They can seek permission from the High Court to withdraw life back up by way of a writ petition under Article 226 of the Indian Constitution and in such case, the Main Justice of the said High Court shall institute a Segmentation Bench which shall decide to grant approval or not in the aforementioned way as mentioned earlier.

(2) Intimation by High Court

The aforementioned is likewise be intimidated by the Magistrate to the High Court. High court keeps it in a digital format by the Registry of the High Court apart from keeping the hard copy which is destroyed subsequently the expiry of three years from the death of the patient.

Note*: All the directions with regard to Accelerate Directives and the safeguards every bit mentioned here in below are made from the information envisaged in the judgment of Supreme Court in case of Common Cause (A Regd. Society) Versus Spousal relationship of Bharat . All this data will be subject to the statute which the Indian government might brand in the future in this regard.