Living Wills Have Been Recognized; But Are They Being Executed?
On 8th March, 2018, the Supreme Court rendered its historic decision legalizing, recognizing and providing constitutional sanctity to Advance Medical Directives or Living Wills. Illustratively, the Supreme Court laid down that a Living Will should be signed by the executor in the presence of two attesting witnesses and countersigned by the jurisdictional Judicial Magistrate First Class. Recently, a flock of eager executors of Living Wills approached their jurisdictional Judicial Magistrate First Class who when faced with a "Death Warrant" refused to validate a single Living Will. However, not only are Indians unaware of their right to execute Living Wills, the ones who intend to are unable to do so because the Judicial Magistrate First Class whom the Supreme Court has empowered to recognize and attest a Living Will feigns ignorance as to his or her empowerment.
Supreme Court Removes Condition of Magistrate's Approval in Living Will Process
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