'Advance Health Directive or Living Will': All you need to know

Life is unpredictable, and in that unpredictability, sometimes a person can be caught off guard. An accident, a terminal illness or sometimes age-related complications can render one into a state where that person can't speak for themselves.

They can't discuss their condition with their healthcare providers and can't have a say in treatment. There may be disputes among their loved ones as to what course of action is best for them.

In case of resuscitation or keeping a patient on a ventilator, a family member may agree while another may not.

This is the time when a 'Living Will' comes into play. To avoid family disputes, disrespect of your body or something which you may not want in case of medical aids to prolong your life, you can use an

This legal document lets you speak on behalf of you.

What exactly is a 'Living Will'?
A 'Living Will' allows an individual to list down what medical treatments one would like to go for in unfortunate situations where CPR, mechanical ventilation, feeding tube or dialysis are needed if a person is going through a terminal illness or is in a coma.

The will can also help you to have a say in 'your end-of-life decisions', such as whether you would like to be kept on life support or not.

This can also allow you to appoint a trustworthy person who can make decisions on your behalf which can help in avoiding arguments among family members in your medical treatment.

You can also put in a directive for 'do not resuscitate' orders in case your heart stops or you stop breathing.

What's the need of this will?
First things first. It allows you to speak even when you are in a state where you can't literally speak. The will is a way to ensure that your words matter the most in what you would like to do to your life. With this advance directive, you can leave a guide for your closed ones and healthcare providers to follow.

There are certain standard protocols that medical professionals take which may go against your preferences, and since you are not in a state to speak, it may violate those. To avoid such a scenario, you can safeguard your wishes and preferences with the help of this directive.

The AHD can also take away the burden on your loved ones. In a difficult situation when someone's family member's life is at stake, their close ones often feel the pressure to make the right choice.

And if unfortunately, something goes wrong, that person may carry that burden for the rest of their lives and blame them for not doing enough.

The will can ease that burden and give a clear-cut direction to them. This also helps in avoiding conflicts among your close ones.

Every individual may have their own opinion on what is best for you in that situation. When you write a will beforehand, you put all disagreements to rest before it even begins.

The AHD also helps healthcare providers to make those decisions which align with their wishes and preferences.

What to know before writing an AHD?

Writing an AHD is an important decision and so it is of utmost importance to make it an informed one. Explore your options and research well beforehand as to what would you want in specific cases that would rule out any possibility of ambiguity.

You can also discuss it with your close ones so that they do not feel betrayed or hurt. You should also consult legal and medical professionals who can help in drafting the document correctly and without any loopholes.

One must also consult with their doctor to help you understand the medical implications of your decision.
The document needs to be crystal clear and there's no space for ambiguity. It needs to specify what would you want in what kind of circumstances such as terminal illness, vegetative state, or advanced dementia.

One must also keep updating and reviewing the doctor as per their preferences which is likely to change over time.

A copy of your AHD should be given to your family members and primary healthcare provider.

What's the legal standing of AHD in India?

In India, the legal framework to create an Advance Health Directive is still evolving. It needs legal validation through a magistrate and medical review boards which makes it a little difficult for an average person.

However, in March 2018, the Supreme Court of India legalized 'Passive Euthanasia'. The court recognized the the concept of living wills or Advance Health Directives in the landmark case Common Cause vs. Union of India where it ruled that the right to die with dignity is a fundamental right under Article 21 of the Constitution of India.

The court validated the use of advanced medical directives as a way to safeguard individual autonomy and dignity in death.

The court further validated the use of advanced medical directives so that an individual has autonomy and dignity in death.