Retired Doctor Moves Kerala High Court To Appoint A Custodian For Her Living Will

As per the procedure laid down by Supreme Court, the living will shall be handed over to a competent official who shall be custodian of the will. This person should be nominated by the local Government or local authority. The petitioner claimed that she came to know through an RTI application that no such officer is nominated by the Kochi Municipal Corporation.

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 also laid down the procedure for validly registering a living will.

The petitioner stated she suffered a stroke in 2023 and her mobility was significantly restricted since then. She drafted her living will containing directions about the medical treatment to be administered to her in case she becomes terminally ill or unable 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 custodian for her living will.

She submitted that a physician can act on her living will only if a copy of it is handed over to the custodian of the living will. A physician will have to cross-examine the details on the living will in the possession of the custodian before acting on those instructions.

The matter is next posted to 2^nd December.

The plea was moved by Advocates Jikku Sebastian George, Deepti Susan George, Babitha Babu  

Case Title: Martha Jacob v State of Kerala

Case No: WP(C) 41377/ 2024