Ishita Manral Assistant Professor, Department of FMT, Command Hospital, Kolkata, West Bengal, India
Dipankar Ojha Professor, Department of Hospital Adm, Command Hospital Kolkata, West Bengal, India
K.V. Radhakrishna Professor & HOD, Department of Forensic Medicine and Toxicology, AFMC, Pune, Maharashtra, India
Thippesh Kumar Associate Professor, Department of Forensic Medicine and Toxicology, ACMS, New Delhi, India
Address for correspondence: Ishita Manral, Assistant Professor, Department of FMT, Command Hospital, Kolkata, West Bengal, India E-mail: atihsi532@gmail.com
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Ishita Manral, Dipankar Ojha, et al. Curious Case of Living Will: Medicolegal Aspects of Advanced Directives in India. J Soc Welfare Manag. 2025; 17(1): 37–40.
Timeline
Received : February 24, 2025
Accepted : March 27, 2025
Published : April 30, 2025
Abstract
A Living Will, introduced by Luis Kutner in 1967, enables individuals to specify medical treatment preferences in case they lose decision-making capacity. Landmark cases, such as Karen Ann Quinlan in the U.S. and Aruna Shanbaug in India, significantly influenced legal frameworks on end-of-life decisions. Advanced Directives has gained momentum in hospital set-ups after the decision of the Courts of India in its favour in 2018. Evidence on its use is limited. Advance Directives, including Living Wills and Lasting Power of Attorney, safeguard patient autonomy in terminal care. Legal and medical frameworks, guided by ICMR regulations and Supreme Court rulings, ensure due process through physician validation and Medical Board reviews before execution. Courts may intervene in disputed cases. However, directives may be deemed inapplicable in situations involving potential recovery or ambiguity. Advance Directives play a crucial role in guiding medical decisions for patients in irreversible conditions such as coma, persistent vegetative state, severe brain injury, and advanced dementia.
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Data Sharing Statement
There are no additional data available. All raw data and code are available upon request.
Funding
This research received no funding.
Author Contributions
All authors contributed significantly to the work and approve its publication.
Ethics Declaration
This article does not involve any human or animal subjects, and therefore does not require ethics approval.
Acknowledgements
We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.
Conflicts of Interest
No conflicts of interest in this work.
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Cite this article
Ishita Manral, Dipankar Ojha, et al. Curious Case of Living Will: Medicolegal Aspects of Advanced Directives in India. J Soc Welfare Manag. 2025; 17(1): 37–40.
This license enables
reusers to distribute, remix, adapt, and build upon the material in any medium
or format for noncommercial purposes only, and only so long as attribution is
given to the creator.
This license enables
reusers to distribute, remix, adapt, and build upon the material in any medium
or format for noncommercial purposes only, and only so long as attribution is
given to the creator.