Advance Directives (Living Wills)
Rights and Limitations
An advance directive (or living will) is a written document in which a person specifies in advance what medical treatment they consent to or refuse in the event they lose capacity to decide. The 2018 Common Cause judgment gave living wills legal recognition in India for the first time.
- A valid advance directive under the 2018 guidelines must: be in writing, signed by the person before two witnesses, countersigned by a judicial magistrate, and deposited with the local government hospital.
- In 2023, the Supreme Court relaxed the 2018 process, reducing bureaucratic requirements: the notarisation before a magistrate is no longer mandatory; a notary or gazetted officer can attest the document.
- The directive must name a "nominee" who will communicate its contents to the medical team when the person is incapacitated.
- Despite the legal framework, awareness of living wills is extremely low in India; no Central government public awareness drive or standardised template has been issued.
- Countries with more mature frameworks: Netherlands, Belgium, Canada, and several US states allow advance directives as a normal part of healthcare planning.
● Tracked since March 12, 2026 · last seen March 30, 2026 · updates as the daily brief publishes
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