Advance Care Planning (ACP) is a process that allows individuals to think about their goals, values and preferences in case of serious illnesses. This would include the treatment, interventions, place of care, choices for end-of life care, organ donation etc. It addresses their physical, psychological and spiritual concerns and allows them to discuss these with families as well as providers, allowing joint decision making and recording of these choices. An ‘Advance Medical Directive’ (AMD) or ‘Living will’ is the legal document that comes out as a result of these discussions.
If at any point an adult Indian Citizen is not able to make decisions regarding his /her own treatment, due to any physical or mental condition which robs them of their decision-making capacity or are unable to communicate their choices, this AMD or ‘Living will’ comes into force and guides their loved ones or healthcare providers about what they would have wanted. There is the possibility of appointing one or more legal representatives who will ensure that these choices are implemented.
The Supreme Court of India, in its landmark judgment of January 2023, had made the legal process for AMDs easier. It recognised the ‘Right to Die with Dignity’ as arising out of Article 21 of the Indian Constitution and laid down guidelines for ensuring good end -of -life care, which includes the right to refuse treatment and withdrawal and withholding of inappropriately aggressive treatment.
The free to use bundle of resources are:
- End of Life Care – A Ready Reckoner
- FAQs about End of Life and the law in India- Addressing Common Concerns
- Advance Medical Directives and Healthcare Attorney Authorisation
- Draft letter to local authority to deposit Advanced Medical Directives
The IAPC’s ACP Task Force has shared the newly included template of a ‘Draft letter to local authority to deposit Advanced Medical Directives’ to help ensure that your Advance Medical Directive is officially recognized by offering guidance to clarify with the local governments/ authorities who the relevant official is, due to the possibility that a local authority may not have yet appointed the official. This letter serves as a tool and also a first step in advocating for the same.
To access these resources: https://www.palliativecare.in/living-will-and-healthcare-power-of-attorney-authorisation/
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