High Court Directs Kochi Municipal Corporation To Nominate Custodian For Living Will Of Retired Doctor Within A Week

The 70 year old had moved the High Court to appoint a custodian for her living will. She suffered a stroke in 2023 and her mobility has been severely restricted after that. She in her living will had given directions to be followed in case she becomes terminally ill or is no longer able to give informed consent. The will was subsequently notarised. However she is unable to complete the procedure as the authorities have not nominated a competent person who shall act as a custodian for her living will. 

The petitioner claimed that she is unable to give effect to her living will as no competent person is nominated by the Kochi Municipal Corporation.

During the hearing on Monday, Justice C. S. Dias, as an interim measure directed the Kochi Municipal Corporation to nominate a competent person considering the petitioner's medical condition. The matter will be further heard after 2 weeks.

Notably, the Supreme Court in 2018 in Common Cause (A Regd. Society) v Union of India and Others allowed passive euthanasia and living will. The Court had directed that the living will is to be handed over to the competent officer in the local body. The local body can nominate a person to be the competent person.

Case Title: Martha Jacob v State of Kerala

Case No: WP(C) 41377/ 2024