Page 24 - seniors today August issue
P. 24
Toolkit
Advance Directive –
A Living Will
If you are seriously ill or incapacitated, it is a good idea to leave in-
structions for your care, writes Sonavi Kher Desai
With increasing longevity, it is common today must be in writing, clearly stating as to when
to find people suffering from terminal illnesses medical treatment may be withdrawn or that no
or from varying forms of dementia.Bodily specific medical treatment shall be given which
functions decline and people are unable to care will only delay the process of death, that may
for themselves physically or to use their mental otherwise cause him/her pain and suffering and
faculties. In such situations of total dependency put him/her in a state of indignity.
and inability to take informed decisions for Contents of the Directive
themselves, the one way by which a person can The directive should clearly state the
take his/her own decision regarding his/her circumstances for withholding or withdrawal
treatment is by means of an “Advance Directive” of medical treatment. The instructions must be
or a “Living Will”. It is a document prepared specific, clear and unambiguous.It should also:
in advance by a person, expressing his/her 1.Mention that the executor may revoke the
directions with regard to medical treatment in instructions at any time.
case of a situation of total dependency. 2.State that the executor has understood the
The Supreme Court judgement delivered on consequences of executing the document.
9 March 2018 states the requirements for 3.Specify the name of a guardian or close
executing an Advance Directive. relative who, in the event of the executor
becoming incapable of taking decision at the
Who can execute it and how? relevant time, will be authorised to give consent
The Advance Directive can be executed only by to refuse or withdraw medical treatment in
an adult who is of sound mind and in a position accordance with the Directive.
to understand and communicate the purpose In the event that there is more than one valid
and consequences of executing the document. Advance Directive, none of which have been
It must be executed voluntarily by the person revoked, the most recently signed Advance
without any undue influence or coercion. It Directive will be considered as the last
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