End-of-Life Legal Considerations for Senior Citizens in India

As we age, planning for end-of-life care becomes essential to ensure our healthcare wishes are respected and followed. In India, there are several legal mechanisms senior citizens can utilize to express their end-of-life preferences, particularly through advance directives and living wills.

Advance Directives and Living Wills

An advance directive is a legal document that allows an individual to outline their preferences for medical treatment in case they become incapacitated and unable to communicate their decisions. A living will is a type of advance directive specifically focused on the types of medical treatments a person wishes or does not wish to receive at the end of life.

In 2018, the Supreme Court of India recognized the right to die with dignity in the landmark case of Common Cause vs. Union of India, effectively legalizing passive euthanasia and the preparation of living wills. According to the Court, individuals can draft living wills specifying the circumstances under which they would prefer to withdraw or withhold medical treatment, including life support.

• Legal Steps to Ensure Your Healthcare Wishes Are Followed

  1. Drafting the Living Will: The living will should be drafted clearly, specifying the medical treatments one does not wish to undergo. It should be made voluntarily, without any coercion, and must be signed in the presence of two witnesses.
  2. Certification by Medical Practitioners: The living will must be attested by a Judicial Magistrate of First Class (JMFC) after it is verified by two independent medical practitioners.
  3. Communication to Family and Doctors: It is crucial to inform family members and healthcare providers about the existence and contents of the living will to ensure that it is honored in times of need.
  4. Regular Updates: Review and update the living will periodically to ensure it reflects your current wishes and medical advancements.

By taking these legal steps, senior citizens can ensure that their end-of-life care aligns with their wishes, providing peace of mind for themselves and their families. Understanding and utilizing advance directives and living wills empower individuals to make informed decisions about their healthcare, safeguarding their dignity and autonomy during their final days.