Living Will in India: How to Make an Advance Directive
A living will in India, legally called an advance medical directive, is a signed document in which an adult of sound mind states which life-sustaining treatments they do or don't want if they become terminally ill or permanently unconscious and can't decide for themselves. Since the Supreme Court simplified the rules in January 2023, you sign it before two witnesses and get it attested by a notary or gazetted officer. No court or magistrate approval is needed.
What an advance medical directive covers, and why 2026 changed the conversation
Most families first discuss end-of-life care in an ICU corridor, under pressure. A living will moves that conversation to a calm afternoon, years earlier.
The law: Common Cause and the 2023 simplification
In Common Cause v. Union of India (2018), a five-judge Supreme Court bench recognised the right to die with dignity under Article 21. It allowed passive euthanasia, meaning withdrawing or withholding life support, and gave legal status to advance medical directives. The original process needed a Judicial Magistrate's countersignature, which made it almost unusable. In January 2023, the Court removed that step. Now, to make a living will in India, you sign before two witnesses, and a notary or gazetted officer attests the document.
Passive euthanasia India: what is and isn't allowed
A living will in India can refuse treatments such as a ventilator, dialysis, CPR or tube feeding when there is no hope of recovery. It cannot ask a doctor to actively end life. Active euthanasia remains illegal in India. A directive also only applies when you can no longer decide for yourself.
The Harish Rana case
On 11 March 2026, the Supreme Court allowed life-sustaining treatment to be withdrawn for Harish Rana, a man from Ghaziabad in a permanent vegetative state for 13 years after a fall in 2013. It was the first time the 2018 framework was applied to an individual case. Commentators noted that a living will, made while he was healthy, could have made his wishes clear much earlier.
In simple terms: a living will is a note you write while healthy that says what treatment you'd want if you could never recover or speak again. The Supreme Court says it is legal and easy to sign now. It helps doctors and family respect your wishes without guessing. |
How to make a living will in India: step by step
The process takes a few hours and costs very little: usually notary fees of a few hundred rupees.
Who can make one
Any adult aged 18 or above, of sound mind, who makes it voluntarily and understands the consequences. It must be written, and it can be revoked or changed at any time in writing.
The signing steps
Draft the directive in plain language. State the conditions, the treatments you refuse or accept, and your wishes on pain relief and palliative care.
Name a health care proxy. Choose one or two trusted people, such as a spouse or adult child, who can speak for you.
Sign before two attesting witnesses, preferably independent people who won't inherit from you.
Get it attested by a notary or gazetted officer, who records that you signed voluntarily, without coercion.
Hand over copies to your named proxies and your family physician.
Register a copy where available. Some local bodies, such as Mumbai's BMC and Goa, have named custodians; ask your municipal health office.
Living will format India: what to include
Section | What to write | Example wording |
Personal details | Name, age, address, ID number | "I, Meena Iyer, aged 62…" |
Declaration | Sound mind, voluntary, understood | "made voluntarily, without coercion, with full understanding" |
When it applies | Terminal illness or permanent unconsciousness, with no hope of recovery as certified by doctors | "if two medical boards confirm…" |
Treatments refused | Ventilator, CPR, dialysis, artificial feeding | "I do not wish to receive…" |
Comfort care | Pain relief, palliative care, dying at home if possible | "I wish to receive full pain relief" |
Health care proxy | Name and contact of one or two trusted people | "My son Arjun, then my daughter Kavya" |
Signatures | You, two witnesses, notary or gazetted officer seal | Date and place |
What happens in hospital, and where to keep your living will
The medical board process
If you become terminally ill and can't decide, the treating doctor verifies the directive. The hospital forms a primary medical board of the treating doctor and at least two experts. If it agrees the directive applies, a secondary board, including a doctor nominated by the district's Chief Medical Officer, reviews it. Under the 2023 rules, both boards are expected to decide within 48 hours. The family can approach the High Court if they disagree.
Keep it where doctors will find it
A living will locked in a cupboard helps no one. Keep the original safe, give copies to your proxies and family doctor, and add a line to your emergency medical ID on phone, such as "Advance directive held by son Arjun". Store it with your health file, and if you need old hospital reports to support it, our guide shows how to get medical records from hospital.
Review it every few years
Revisit the document after a major diagnosis, the death of a named proxy, or a big life change. You can revoke it in writing, before witnesses, at any time.
Seht tip Upload a scanned copy of your living will to your Seht profile and share it with your named proxies. In an emergency, they can show it to the ICU team from their phone in seconds. |
When to see a doctor
Talk to your doctor about an advance medical directive, or about palliative care, if:
You or a parent has been diagnosed with advanced cancer, heart failure, kidney failure or dementia
A family member has had repeated ICU admissions for the same condition
Someone has early memory loss and can still make decisions
You are unsure what treatments like ventilation or dialysis would involve
Family members disagree about what a loved one would want
Pain, breathlessness or distress is not well controlled at home
In an emergency, call 112 or 108. A living will guides long-term decisions; it never stops emergency care for a recoverable condition.
FAQs
Is a living will in India legally valid?
Yes. The Supreme Court recognised advance medical directives in Common Cause v. Union of India (2018) and simplified the process in January 2023. A living will is valid when made by an adult of sound mind, signed voluntarily before two witnesses and attested by a notary or gazetted officer. It can be revoked or changed in writing at any time.
How do I make a living will in India?
Write down which life-sustaining treatments you refuse if you become terminally ill or permanently unconscious, and name a trusted proxy. Sign it before two independent witnesses, then have a notary or gazetted officer attest it. Give copies to your proxy and family doctor, and register it with a local custodian if your city has one.
Does a living will need to be registered?
Registration with a court is no longer required after the 2023 Supreme Court order. Attestation by a notary or gazetted officer is enough. Some local bodies, including Mumbai's BMC and Goa's health department, have named custodians to keep directives. Even without registration, give copies to your proxies and doctor so the document is found when needed.
What is the difference between a living will and a regular will?
A regular will deals with your property and assets after death. A living will deals with medical treatment while you are still alive but unable to decide, such as refusing a ventilator in a terminal illness. They are separate documents with different signing rules, and many families now make both together while everyone is healthy.
Is passive euthanasia legal in India?
Yes, under strict safeguards. Since 2018, withdrawing or withholding life-sustaining treatment is allowed for terminally ill or permanently unconscious patients, after review by two medical boards. In March 2026, the Harish Rana case became the first individual application of this framework. Active euthanasia, meaning deliberately ending life, remains illegal in India.
Download Seht — free on iOS and Android
Seht lets you keep your advance directive alongside your reports and prescriptions, and share it with your named proxies and doctor, so your wishes are clear when it matters most.
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Sources and references
Supreme Court of India. Common Cause (A Regd. Society) v. Union of India, (2018) 5 SCC 1. https://main.sci.gov.in
Supreme Court of India. Common Cause v. Union of India, order modifying advance directive guidelines, 24 January 2023, 2023 SCC OnLine SC 99.
Supreme Court of India. Harish Rana v. Union of India, judgment dated 11 March 2026.
Indian Society of Critical Care Medicine and Indian Association of Palliative Care. Guidelines for end-of-life and palliative care in Indian ICUs. Indian Journal of Critical Care Medicine. https://pubmed.ncbi.nlm.nih.gov
World Health Organization. Palliative care fact sheet. https://www.who.int
Disclaimer: This blog is for informational purposes only and is not medical advice. Seht helps families stay informed, but is not a substitute for professional healthcare guidance.
