Advance Medical Directives (AMDs), also known as living wills or advance healthcare directives, are legal documents that allow individuals to specify their preferences for medical treatment and healthcare decisions in the event that they become unable to communicate or make decisions due to incapacitation.
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AMDs serve as a means for individuals to express their autonomy, values, and preferences regarding end-of-life care and medical interventions. In India, the legal essentials of Advance Medical Directives are outlined in the landmark judgment of the Supreme Court in the case of Common Cause v. Union of India (2018). The following are the key legal essentials of Advance Medical Directives in India:
- **Legal Recognition**: Advance Medical Directives are legally recognized in India as per the Supreme Court’s judgment, which upheld the right to die with dignity and the autonomy of individuals to make informed choices about their healthcare preferences.
- **Competency and Capacity**: AMDs must be executed by individuals who are competent and capable of making healthcare decisions. The individual must be of sound mind and capable of understanding the nature and consequences of the decisions they are making.
- **Voluntariness**: AMDs must be executed voluntarily, without any coercion, duress, or undue influence from others. The decision to create an AMD should be made freely and based on the individual’s own values, beliefs, and preferences regarding medical treatment.
- **Specificity and Clarity**: AMDs should clearly and specifically outline the individual’s preferences regarding medical treatment, including the types of treatments they wish to receive or refuse, under what circumstances, and for how long.
- **Witnesses and Signatures**: AMDs must be signed by the individual making the directive (the “principal”) in the presence of two witnesses who are not involved in the individual’s healthcare or treatment. The witnesses must also sign the document to attest to its authenticity.
- **Documentation and Accessibility**: AMDs should be documented in writing and kept in a safe and accessible location. Copies of the AMD should be provided to the individual’s family members, healthcare providers, and designated decision-makers to ensure that their wishes are known and respected.
- **Review and Revision**: AMDs should be periodically reviewed and updated to reflect changes in the individual’s healthcare preferences, medical condition, or life circumstances. It is important for individuals to revisit and revise their AMDs as needed to ensure that they accurately reflect their current wishes and preferences.
By adhering to these legal essentials, individuals can create Advance Medical Directives that effectively communicate their healthcare preferences and ensure that their wishes are respected in the event of incapacitation. It is advisable for individuals to consult with legal and healthcare professionals when creating AMDs to ensure that the documents comply with legal requirements and effectively convey their wishes.
