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Kerala High Court orders Kochi Municipal Corporation to appoint custodian of living wills
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Kerala High Court orders Kochi Municipal Corporation to appoint custodian of living wills

The Court considered a plea filed by Dr. Martha Jacobwho had signed a living will in September 2023, after suffering a stroke in May 2023.

Bedridden after suffering a stroke and highly dependent on caregivers, Dr. Jacob predicted she might lose her decision-making ability in the future. She therefore sought to put a living will in place to describe her end-of-life care.

A living will, or advance directive, is a document that allows people whose health is deteriorating to specify their medical treatment preferences for a period when they cannot make decisions. It allows individuals to opt out of life support in a vegetative state, thereby guiding hospitals on appropriate actions if their health deteriorates.

In 2018, the Supreme Court upheld the validity of living wills in Common cause against Indian Unionrecognizing the right to die with dignity under Article 21 of the Constitution.

The top court further issued guidelines for the execution of living wills, wherein it also said that a copy of the living will must be handed over to the local authorities, who must appoint a competent official to be the custodian of the said document.