Advance Directives (Living Wills)
Concept and Legal Status
An advance directive is a legal document executed by a competent individual that specifies the medical treatment they do or do not want if they become incapacitated and unable to communicate decisions.
- Also called a "living will" — recognised in India since Common Cause (2018) under Article 21's right to bodily autonomy.
- Two types of advance directives recognised by Indian courts: (a) instructions about treatment preferences, and (b) appointment of a healthcare proxy (healthcare power of attorney).
- Key condition: Must be executed when the person is of sound mind and free from coercion.
- Challenge: Risk of misuse — directives could be forged, or families could misrepresent patient wishes for financial reasons.
- Social inequality concern: Advance directives require legal literacy; access to the safeguard is unequal across class and education lines.
● Tracked since March 12, 2026 · last seen March 30, 2026 · updates as the daily brief publishes
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