A living will, so the terminally ill can avoid the indignities of prolonged hospital care
- March 29, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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A living will, so the terminally ill can avoid the indignities of prolonged hospital care
Subject: Polity
Section : Constitution
Recent event:
- A gathering of 30 people, mostly doctors, nurses, and volunteers of the Pain and Palliative Care Society, signed ‘living wills’ in Thrissur, Kerala.
- The objective of the ‘group signing’ was to create awareness and ease confusion about the living will.
What is a “Living will”?
- A ‘living will’ is a legal document prepared in advance, detailing your preferences for medical care or for the termination of medical support in circumstances in which you are no longer able to make those decisions for yourself.
- Supreme Court verdict:
- The Supreme Court ruled on March 9, 2018, that in specific conditions, a person has the right to decide against artificial life-support by writing a living will. It upheld the fundamental right to die peacefully and with dignity (Article 21).
- In January 2023, the court modified the guidelines for its 2018 order and made it simpler.
- Broder perspective of signing a ‘Living will’:
- Signing a living will does not mean the patient should not receive treatment after signing the living will. Palliative surgery or chemotherapy can be employed to reduce pain.
Modified guidelines:
- One must be of legal age and sound mind to make a living will.
- The person must be aware of the conditions in which curative treatments and life support systems will be halted.
- The decision to prepare a living will must be taken without any compulsion.
- The signing of the will must be witnessed by two people and should be attested by a gazetted officer or a notary.
- A copy must be handed over to the doctor and an assigned person (a close relative or friend).
- Copies of the living will should also be sent to the secretary of the local self-government and the district magistrate.
Source: TH