Kerala High Court Asks State To Determine Time Frame For Appointing Custodians For Living Wills In Local Self Government Institutions
The Kerala High Court on Thursday (January 9) asked the Government Pleader to apprise it about the time frame within which regulations can be framed for appointing custodians for living wills in all Local Self Government Institutions in the State.
Justice C. S. Dias made the observation in a petition filed by a septuagenarian seeking a direction from the Court to appoint a competent officer in Cochin Corporation as a custodian to receive her living will which contains directions on the steps to be taken and treatments to be given to her at a stage where she is no longer able to give informed consent.
'Living will' was given legal recognition by the Supreme Court in its 2018 decision of Commmon Cause v Union of India and Another. Through a living will, a person can give explicit direction on the treatment to administered to a person when they are terminally ill or no longer able to give informed consent. As per the directions of the Supreme Court, the living will shall be handed over to the competent person nominated by the local body who shall be custodian of the will.
The petitioner had moved the Court saying that no such custodian has been appointed in the Kochi Corporation. Following the directions of the Court, a competent person was nominated in Kochi Corporation. The Court said that the facility has to be extended to other local bodies also.
The case is next posted on January 31.
Case Title: Martha Jacob v State of Kerala
Case No: WP(C) 41377/ 2024