Who Can Execute A Living Will For Terminally Sick Persons & Is This A Better Option?

A Living Will is a powerful tool for ensuring your wishes are respected in the face of a terminal illness. Though Living Wills only address medical treatment decisions and do not cover property inheritance or other legal matters, it allows you to define your terms for living your final days, preventing unwanted or burdensome medical interventions.

To understand the relevance of this crucial document, let’s delve into what exactly is a Living Will and what expert says about this.

A Living Will, also known as an Advance Medical Directive (AMD), is a legal document that allows you to specify your wishes for medical treatment if you become terminally ill or incapacitated and unable to communicate.

It allows you to exercise your right to patient autonomy and self-determination even when you cannot personally voice your preferences. Having your wishes documented offers you peace of mind and a sense of control over your healthcare even when facing a serious illness.

Vishnu Chundi, CEO and founder of AasaanWill said a Living Will instructs medical professionals on one’s preferred course of care, should one be unable to make decisions for their emergency care. Also, one can specify which standard medical procedures or care they would like, which ones they would prefer to avoid, and the circumstances in which each of their selections applies in a Living Will.

Importance of Living Will

Chundi said a Living Will can help the individual be more at peace and under less pressure with their medical wishes being clearly outlined in case of end-of-life care or terminal illness. It helps avoid any confusion between family members and the principal regarding the treatment that will be received by the patient in case they both have different opinions on the treatment. It also helps the hospital and medical staff make quick decisions about the treatment to be given in an emergency situation.

A Living Will empowers patients and their families, giving them a sense of control over death, which can be psychologically important. It helps individuals overcome the taboo surrounding death and encourages them to face necessary decisions.

Who can execute Living Wills and how?

Chundi underlined that a Living Will can only be executed by someone with a sound mind and communication. It must be voluntary, without coercion or compulsion and after being completely informed.

The Will should clearly state the consent given to the executor. The written contract must clearly specify when certain medical procedures may be discontinued or when none at all, usually in cases where continuing the treatment would be risky and cause them more agony and pain.

Applicability of a Living Will

The applicability of a Living Will generally relates to end-of-life decisions and medical interventions, Chundi added.

A Living Will often addresses preferences regarding life-sustaining treatments such as mechanical ventilation, artificial nutrition and hydration, and resuscitation and may also include preferences for palliative care to manage pain and enhance comfort.

The Will acts as a decision-making authority when a person is unable to communicate or is incapacitated. serves as a communication tool between individuals, their families, and healthcare providers, ensuring that medical professionals are aware of the person’s preferences.

Chundi added that it is a legally binding document, and its applicability is recognised by healthcare providers and legal authorities. They are often revocable, allowing individuals to modify or revoke the document if their preferences change. However, it is important to always periodically review and update the Wills.

How to create a Living Will and the critical aspects to consider while drafting it

What should a Living Will contain?

According to Chundi;

• The document should clearly state the medical treatment guidelines on what to do and when to do it.
• The instructions must be very clear and easy to understand.
• It should also be mentioned that the person making the document can change their mind at any time as long as they are capable of understanding the implications
• The document should show that the person understands what will happen if they make this decision. It needs to say who can make decisions if the person can’t, like a guardian or close relative.
• If there are multiple documents, the newest one will be followed if none of them have been cancelled.