Living Wills: Your Voice When You Can’t Speak
In a country where topics about death are hushed, the awareness and popularity of Living Wills have surged and gained prominence in India
Talking about death has never been easy nor desirable. But today, there’s a quiet revolution bubbling up across the country. Welcome to the world of Living Wills in India. Living wills are no ordinary wills. It’s like pre-writing your own goodbye. In simpler words: you write the script of your final scene even before the curtain falls! Several states in India are now spreading awareness on Living Wills and End-of-Life Care. States like Karnataka and Maharashtra have taken a lead role. Kerala, Goa and Delhi are also making progress.
Will, A Deal
“A Living Will or an Advanced Medical Directive is a simple document where you record your preferences for future medical treatment in the event of a terminal illness,” explains Dr. Smriti Khanna, Consultant, Palliative Medicine, PD Hinduja Hospital, Mumbai.
A Living Will allows individuals to even nominate members, .aka. designated healthcare representatives. It's these healthcare representatives who are aware of your medical condition and preferences who then make decisions for you as per your expressed wishes.
Dr Smriti sheds light on how a dedicated Living Will Clinic has been set up since June 2025 at Hinduja Hospital, Mumbai. The clinic specialises in aiding individuals to understand key aspects of making a Living Will. From educating individuals on medical terms such as cardiopulmonary resuscitation, ventilator or artificial feeding to letting them know of the conditions in which these are usually used.
Other areas taken care of deal with hard-hitting questions on the survival rate, even post using these medical interventions. Dr Smriti explains, “While most resources around Living Wills are freely available on the internet, the Living Will Clinic is useful for those who need additional medical guidance around these issues.”
Dr Tanisha Shekhar from D.Y. Patil Hospital, Mumbai, says, “Living Will clinics help people understand what a Living Will means along with explaining the legal process involved and the areas of drafting involved.” Dr Tanisha shares how these Wills also provide counselling to individuals so that they are better enabled to make thoughtful decisions, not out of fear or haste.
Legally Sound
A Living Will is not a traditional Will that deals with the distribution of property after one’s death. Adv. Siddharth Chandrashekhar, Advocate and Counsel at the Bombay High Court and Senior Panel Counsel for DRI and CBIC, explains that these Wills serve as a person’s ‘healthcare-voice’ when they are unable to speak for themselves. It empowers individuals to make autonomous decisions about their end-of-life care and also spares families the emotional brunt of making such decisions.
Adv. Siddharth aptly points out that a Living Will operates on the principle of the Right to Die with Dignity. It ensures that a person can choose a natural death rather than one prolonged artificially. He opines that such a Will preserves both -- the individual’s dignity as well as respects their wishes.
Some of the requirements for a Living Will to be valid in India range from it being executed voluntarily by an adult who is of sound mind to the same being made in writing, clearly stating the individual’s medical preferences in specific circumstances.
Adv. Siddharth says, “By all means, such a living will must be in writing, signed and also attested by two witnesses.”
Awareness Needed
While the concept of Living Wills is still relatively new in India, raising awareness is key. Dr. Tanisha says, “Awareness in India, as compared to Western countries, is still very low.” She explains that a common misconception is that a Living Will means giving up on life or that it’s equivalent to euthanasia — both of which are untrue.
“It’s really about autonomy, dignity, and ensuring that medical care aligns with what the patient truly wants,” Dr. Tanisha adds.
Dr. Smriti focuses on how Living Wills are put into effect. “It’s important for people to understand when a Living Will becomes applicable,” she says. She clarifies that a crucial condition is that the treating doctor must be convinced the patient is suffering from a terminal illness with no possibility of recovery. Additionally, a Living Will only comes into effect
when the person is no longer able to make conscious decisions for themselves.
She explains, “For instance, if someone is unconscious or mentally incapacitated, the Living Will becomes relevant. But if the patient is still able to communicate — even with a terminal illness — the medical team will speak to them directly, rather than referring to the Living Will.”
Rest in Peace
Living Wills are no suicide note. Think of these to be more like ‘medical consent’ terms with a firmer bone to lean on. That is, if you are unconscious or beyond communication due to whatever medical condition, it’s here that your Living Will would tell doctors whether you wished for life support or not.
However, even in something as private as a Living Will, you won’t be left entirely alone. Several key players step in to ensure your wishes are honoured- quietly but surely. From your doctor, to the magistrate, to your own family -- a Living Will involves a circle of accountability.
Adv. Siddharth points out, “For Living Wills to be truly effective, policy-makers must simplify execution – enable digital registration and create a centralised database.” Perhaps consulting both medical and legal professionals before you dive into drafting a Living Will would help!
