FAQs on Living Will

1. What is a Living Will? What is an Advance Medical Directive (AMD)? Are they the same?

Yes, they are exactly the same.

A Living Will (also called Advance Medical Directive or AMD) is a legal document you make while you are healthy and of sound mind. In it you write clear instructions about what medical treatment you do NOT want if you later become terminally ill, go into permanent vegetative state, or lose the capacity to communicate your needs.

It lets you refuse life-support machines, ventilators, feeding tubes, etc., so you can die with dignity instead of prolonged suffering.

The Supreme Court uses “Advance Medical Directive (AMD)” as the official term, but everyone calls it a “Living Will”.

2. Is a Living Will legally valid in India?

Yes.

(a) 2018 Common Cause judgment: Supreme Court recognised it as part of your fundamental Right to Life with Dignity (Article 21).
(b) 2023 order: Made the process much simpler.
(c) 2026 Harish Rana judgment: First time the full procedure was used in a real hospital case, and it worked. Passive euthanasia (withdrawing treatment) is allowed; active euthanasia (giving poison) is still illegal.

3.What does this directive contain?

The directive should clearly mention the decision relating to the circumstances of the patient in which they wish to stop or withdraw medical treatment.
The directive should be clear and unambiguous.
It should be mentioned that the directive can be revoked at any time.
The AMD should specify the name of a guardian(s) or a close relative(s) who, if the executor is unable to, are authorized to withdraw/refuse medical treatment in a manner consistent with the directive.
Should mention the kind of artificial treatment you would wish to withdraw.

4. Who can make a Living Will / AMD and how?

Any adult (18+) who is mentally sound and understands the document.

(a) Write it clearly in your own words (no fixed format).
(b) Sign it in front of two witnesses (preferably independent).
(c) The witness and notary/gazetted officer will proclaim that the execution of the document was voluntary and without any coercion and with full knowledge of all relevant information and consequences.
(d) Get it attested by a Notary or Gazetted Officer (no need to go to a Judicial Magistrate anymore).
(e) Give copies to your named guardians/relatives, family doctor, and the local government officer (who keeps it as custodian).

(The Harish Rana Case was made more complex because there was no Living Will . The Court has urged that Living Will be stored in the patient’s Ayshman Bharat Health Account (ABHA) so that hospitals can retrieve directives in emergencies. With over 79.71 crore ABHA account already created, this integration can make the euthanasia protocol accessible and proactive.)

5. What happens if I have a Living Will and later become seriously ill?

Doctors must follow your written wishes if two medical boards confirm you are in a condition you described (terminally ill / PVS / no hope of recovery).

Your named guardians only need to give consent confirming it matches your wishes. No court is needed unless someone disagrees.

6. What if I have NO Living Will (like Harish Rana)? Can treatment still be stopped?

Yes — this is what the 2026 Harish Rana judgment proved for the first time.

Family or guardian can request the hospital. Two medical boards check:

(a) Is the condition irreversible?
(b) Is continued treatment futile and against the patient’s “best interests” (dignity, quality of life, what the patient would have wanted)?
(c) If both boards agree + family consents, treatment can be withdrawn with palliative (comfort) care as seen in the Harish Rana’s case.

7. Why should I make a Living Will now?

The Harish Rana case showed how painful and long the process is without one. Families had to go to High Court and Supreme Court for 2+ years.

A Living Will makes your wishes clear, reduces family guilt and court delays, and gives doctors legal protection. The Supreme Court itself urged more awareness and easier digital storage of Living Wil

8. What happens after registration?

(1). If the circumstances in which the AMD shall be enforced arise, the primary doctor must

(a) ascertain the genuineness and authenticity of the document by referring to existing digital health records of the patient, if any,
(b) or by consulting the custodian of the document.

(2). The instructions of the document should be given considerable importance. However, it should only be put into effect after there is complete satisfaction that the executor is terminally ill and has no reasonable hope for improvement.

(3). When the physician believes that the AMD can be put into effect, they should inform the guardian(s) of the directive about the case, nature of illness, availability of medical care, consequences of alternative forms of treatment, and the consequences of remaining untreated. He also has to ensure that the guardian has comprehended this information and taken the necessary time to review the options and come to the conclusion that withdrawing treatment is the best course of action.

(4). After this, the physician shall assemble a Primary Medical Board, which includes the primary physician and at least two subject experts with a minimum of five years’ experience in the concerned specialty. The two subject experts should visit the patient in the presence of the guardian, preferably within 48 hours of being referred, and form an opinion on whether to certify or not certify, carrying out the instructions of the AMD.

(5). If the Primary Medical Board certifies to the AMD instructions, the hospital should immediately set up a Secondary Medical Board. This board shall comprise:

(a) The Chief Medical Officer of the district
(b) At least 2 subject experts with min. 5 years of experience in the concerned specialty.

They should visit the hospital where the patient is admitted within 48 hrs, ascertain the wishes of the patient if they can communicate or the nominated guardian. Finally, if they agree with the Primary Medical Board decision, then they should endorse the certificate to carry out the AMD instructions.

(6). The hospital should convey the decisions of both the Primary Medical Board and the Secondary Medical Board and the persons named in the AMD to the Judicial Magistrate of First Class (JMFC) in their jurisdiction before giving effect to the AMD.

(7). The executor can revoke the document at any point before the AMD is put into effect.

9. What happens if the permission is refused by the medical board?

(1) If the Primary Medical Board refuses to follow the AMD, the persons named in the AD can request the hospital to refer the case to the Secondary Medical Board for consideration.
(2) If the secondary medical board withdraws permission to enact the AMD, the persons named in the AMD, the treating doctor, or the hospital staff can file a writ petition to approach the High Court.
(3) The High Court will constitute an independent committee of three doctors with experience in critical care and an overall standing of at least 20 years, to come to a judgment at the earliest.

10. How can you revoke an AMD?

(1) The process of revocation is the same as that of recording the directive. Withdrawal must be in writing.
(2) The AMD cannot be implemented in a situation where the circumstances of events at the time of recording the AMD have changed in an unanticipated manner that would have affected the decision-making of the executor.
(3) If the AMD is unclear or ambiguous, the medical board should not give effect to it.