Recognised by the Supreme Court of India in Common Cause v. Union of India (2018). The document that ensures medical decisions reflect your wishes when you cannot communicate them.
Supreme Court of India | District Magistrate Registration | KeralaQuick Summary
A living will — formally called an Advance Directive in India — is a document by which a person of sound mind records their wishes regarding medical treatment in the event they become unable to communicate those wishes due to terminal illness, permanent vegetative state, or similar condition. The Supreme Court of India in Common Cause v. Union of India (2018) 5 SCC 1 recognised the right to die with dignity as part of the fundamental right to life under Article 21 of the Constitution and laid down binding guidelines for the execution and implementation of advance directives. The Ministry of Health and Family Welfare subsequently issued revised guidelines in 2023 simplifying the execution process following further Supreme Court directions.
A valid Indian Advance Directive must be: in writing; executed by an adult of sound mind; signed in the presence of two independent witnesses; countersigned by a Judicial Magistrate First Class; and preserved with the District Medical Board and the Judicial Magistrate. A notary public may also attest the document as an additional safeguard. Medical practitioners and hospitals are legally bound to honour a valid Advance Directive. The document should clearly specify what treatment the person wishes to refuse — typically artificial life support, CPR, or artificial nutrition in defined circumstances — and may appoint a guardian to communicate those wishes.
Key references: Supreme Court — Common Cause (2018) · Constitution of India, Article 21 · eCourts — Magistrate Courts · Kerala High Court · Last reviewed: June 2026
A living will — formally called an advance medical directive — is a document in which a person specifies their wishes about medical treatment in the event they become permanently unconscious, terminally ill, or otherwise unable to communicate. It allows a person to refuse extraordinary life-sustaining measures in defined circumstances.
The Supreme Court of India, in a five-judge constitutional bench decision in Common Cause v. Union of India (2018) reported as (2018) 5 SCC 1, held that the right to die with dignity is a fundamental right under Article 21 of the Constitution and recognised the legal validity of a properly executed advance medical directive. The Court issued detailed guidelines for its execution and registration.
2023 Update: The Supreme Court revised the procedure in January 2023, simplifying the registration process by removing the requirement for countersignature by a Judicial Magistrate First Class. Registration now takes place directly with the District Magistrate, making the process significantly more accessible.
Any adult of sound mind who wishes to record their medical preferences in case of terminal illness, irreversible coma, or permanent vegetative state. It is particularly important where a person has existing medical conditions that may lead to such situations, or where a person wishes to ensure their family is not left to make difficult medical decisions without guidance.
Following the Supreme Court's 2023 revised guidelines, the living will must meet the following requirements:
A well-drafted living will specifies: the medical conditions in which it applies (terminal illness, irreversible coma, permanent vegetative state), the specific interventions to be withheld or withdrawn (ventilation, resuscitation, artificial nutrition), the person authorised to communicate these wishes to medical staff, and the revocation procedure.
The living will does not authorise active euthanasia. It permits the withdrawal of extraordinary life-sustaining treatment in defined, irreversible conditions — a legally and ethically distinct position upheld by the Supreme Court.
Related service
Estate lawyers Kerala — overviewThe office handles drafting, execution guidance and District Magistrate registration of advance medical directives in Kerala. Response within one working day.
Contact the Office Estate & Wills PracticeJudgment analysis
Common Cause v. Union of India (2018) 5 SCC 1 — The Supreme Court judgment that recognised advance medical directives in IndiaAnalysis of the Constitution Bench decision, the right to die with dignity under Article 21, the 2023 modification to the execution procedure, and implications for NRIs with overseas healthcare proxies.
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