An NRI who has executed a Health Care Proxy in New York or another US state may assume that document protects their medical decision-making preferences if they are incapacitated while in India. It does not — not automatically. India has its own framework for Advance Medical Directives (Living Wills) established by the Supreme Court in Common Cause v. Union of India (2018) and the subsequent Standard Guidelines notified by the Government in 2019. An NRI with elderly parents in Kerala, or an NRI who spends extended periods in Kerala, must understand both frameworks — and ideally execute an Indian Advance Medical Directive in addition to any foreign document.
For detailed guidance on this topic specific to your circumstances, the office is available at luka@lukeandluka.in or +91 96057 61330, Monday to Friday, 10:00 AM to 5:30 PM IST. Remote consultations — by video call, WhatsApp or email — are available for NRIs and OCI holders in all time zones.