For most Indian families, the idea of a "Living Will" still feels unfamiliar — and a little uncomfortable. Yet since 2018 it has been a recognised legal right, and a 2023 ruling made it far easier to put in place. This guide explains, in plain language, what a Living Will is, what changed, and how an ordinary family can create one.
What a Living Will actually is
A Living Will is legally known in India as an Advance Medical Directive (AMD). It is a written statement, made while you are healthy and of sound mind, setting out the medical treatment you would or would not want if a future illness or accident left you unable to speak for yourself. It also names a trusted person — your guardian — to uphold those wishes.
Crucially, a Living Will only concerns healthcare. It does not deal with money or property — that is the job of a separate property will under the Indian Succession Act.
The 2018 Supreme Court ruling
In Common Cause v. Union of India, decided on 9 March 2018, a five-judge bench of the Supreme Court held that the right to die with dignity is part of the right to life under Article 21 of the Constitution. The court recognised that a competent adult may refuse life-prolonging treatment in advance through a Living Will, and it permitted passive euthanasia — withdrawing or withholding life support when there is no reasonable hope of recovery.
Important: A Living Will permits passive euthanasia only. Active euthanasia and assisted suicide remain illegal in India. A Living Will is about allowing a natural death with dignity — never about causing death.
What changed in 2023
The original 2018 procedure proved cumbersome — it required a Judicial Magistrate to countersign the directive, which deterred many families. On 24 January 2023, the Supreme Court simplified the process significantly. Under the revised procedure:
- The directive is signed by the executor (you) in the presence of two independent witnesses.
- It is attested by a notary or a gazetted officer — the earlier Judicial-Magistrate countersignature is no longer required.
- It names a guardian who can make decisions on your behalf.
- It remains revocable at any time while you are competent.
- A medical board, working to defined timelines, reviews the situation before the directive is acted upon.
How to make yours — step by step
In practice, the journey is gentler than the legal language suggests. With Jeevan Mukti it looks like this: a free, unhurried consultation; a guided discussion of the medical scenarios that matter to you; careful drafting by our legal team; signing, witnessing and notarisation, which we coordinate; and finally sharing certified copies with your guardian, doctor and family.
Most families complete everything in two or three sessions over a week or two. There is never any pressure, and you can change your directive whenever your wishes change.
Why it is worth doing now
Without a directive, doctors are generally obliged to attempt every intervention, and the hardest decisions fall to your family in moments of grief — often leading to unwanted, expensive treatment and painful disagreement. A Living Will lifts that burden. It is, quite simply, one of the kindest gifts you can give the people you love.
Ready to document your wishes?
Begin with a free, compassionate conversation.