Living Will : Your Life, Your Choice
Life is unpredictable, it is always a good idea to prepare for unforeseen circumstances. Although it is very important, a living will is not very common in India, due to limited awareness very few people know about it, let’s understand the concept of a Living Will.
The Concept:
A Living Will is a legal document in which a person (Testator), express their wishes and preferences regarding their medical treatment and take care in situations when/where they are no longer able to make decisions due to incapacity and terminal illness. Living will mostly focus on instructions regarding life sustaining treatments, or other life-threatening critical healthcare choices. A living will serve as an advance directive, and makes sure that the testator’s autonomy is respected even when they are unable to communicate their wishes.
A very common question arises while exploring the concept of living will is How it differs from a regular will?
A living will and a regular will serve distinct purposes and are used in different situations:
Living Will
Purpose of a living will: A living will gives an individual opportunity to outline their medical choices/preferences for end-of-life care if they are unable to communicate or become in capacitated. It is a form of advance directive that provides instructions to doctors and caregivers for the time when the person is unable to communicate.
Effective from: A living will comes into effect during a person’s lifetime, typically in cases of severe illness or injury. It comes into picture when the person suffers from prolonged illness with no sign of coming back or when the persons pain and suffering is unavoidable.
Focus: A living will focuses on healthcare decisions, such as resuscitation, life support, or organ donation.
It can be revoked or changed anytime while the individual is competent.
Regular Will (Last Will and Testament)
Purpose: A regular will outlines how a person’s assets, property, and guardianship of dependents will be handled after death.
Effective from: A will only come into effect after the person’s death.
Focus: It deals with distribution of wealth, appointing executors, and handling personal belongings.
A will Can be revoked or amended during the person’s lifetime by creating a new will.
A living will governs healthcare decisions during life.
A regular will governs property and assets after death.
Unlike regular will, a living will is not about dividing assets or naming heirs; it’s about ensuring that your voice is heard when you are no longer able to speak for yourself.
Living Will– A Modern Necessity
The world is changing continuously and medical advancements can prolong life indefinitely, the question is: should we always opt for every possible intervention, or are there times when the dignity of letting go should take precedence? This is where a Living Will comes into the picture a legal document that allows individuals to dictate their medical preferences in situations where they cannot make decisions for themselves. There are situations which may arise where a person becomes completely bedridden and unable to move or even speak, A Vegetative State is a condition where a person is awake but not aware, with no signs of conscious interaction. The modern medical invention can give life support for a long time even though the chances of coming back to normal is very less or sometimes even zero, in this situation a Living Will can give a person right to decide what he would want in this situation, it helps the person to get out of misery.
Here’s why a living will is important:
Preservation of Autonomy: It empowers and enables an individual to maintain control over their medical care and make critical decisions in advance for their healthcare, ensuring their personal beliefs and values are respected and upheld when they cannot express them.
Easing Burden of Family Members: A living will eliminates ambiguity and reduces emotional burden on family members, it relieves family members from making difficult decisions during emotionally challenging times by providing clear instructions about the testator’s preferences.
Avoidance of Prolonged Suffering: It allows individuals to decline treatments that may only prolong life without improving its quality(such as life support or artificial ventilation) thereby avoiding unnecessary pain and suffering.
A Guide to Healthcare Providers: A living will works as a guide for medical providers, by ensuring compliance with the patient’s wishes while protecting them. Its give clear directions to the doctors in time of need when family fails to because of emotional reasons.
The concept of living will in India new it was addressed in the landmark case of Common Cause v. Union of India (2018)
The hon’ble Supreme Court of India recognized the right to die with dignity as a fundamental right under Article 21 of the Constitution. The judgment provided guidelines for the execution of a living will or advance directive.
Process of creating a Living Will:
These are the steps involved in creating a living will:
Understand Your Options:
Research life-sustaining treatments and reflect on your personal values. Research about different scenarios and options.
Consult Legal and Medical Professionals:
Check the laws and guidelines in your jurisdiction regarding living wills, seek guidance to ensure your document complies with local laws and is clear to healthcare providers.
Communicate Your Wishes:
Share your living will with trusted family members and your doctor to ensure everyone is on the same page. Make yourself clear to family and doctors.
Review and Update Regularly:
As life circumstances and medical technologies always evolve you must always revisit your living will and make changes if required. With the changes in life and medical field your living will must be up to date for your best interest.
Conclusion:
A living will a declaration of your right and mirror to your wishes to choose how you live and how you die. It’s an act of love and responsibility towards your loved ones, ensuring that your wishes are honored and your family is spared from making painful decisions in moments of crisis. It may look not very reasonable at a point but it can become very vital for your loved ones at the time of crisis when decisions making is tough from emotion point of view. Planning for the inevitable is not an admission of defeat but a celebration of life lived on your terms, you must always plan and prepare for the worst even though it is completely uncertain. In modern times, the unpredictability of health crises makes a living will a thoughtful option and also a crucial aspect while future planning. Unforeseen conditions like Accidents, sudden illnesses, or degenerative conditions can render anyone incapable of decision-making at this point living will serves the purpose. It ensures that the care you are receiving reflects your values and matches your choices, while offering peace of mind to you and your family in hard times.
If you haven’t already, consider making a living will a priority. This will be one of the most thoughtful and compassionate gifts you can give to yourself and your loved ones.