Will for Medical Decision (Advance Medical Directive/Living Will)

Last updated: January 29, 2026 Type: Affidavit Format Type: Will Fill the Affidavit

Disclaimer:
This document is only a sample format for general guidance. Individuals should consult a qualified legal professional for final drafting and verification.

Purpose of a Medical Will/Advance Medical Directive

A Medical Will (Advance Medical Directive) is a written declaration that records a person's medical treatment preferences for situations where they become unconscious, unable to communicate, or incapable of taking decisions. It also appoints a Healthcare Proxy to take decisions exactly as the person wishes.

This document prevents confusion, family disputes, and unwanted or excessive life-support treatment when the patient cannot speak for themselves.

Why a Person Should Make This Will

To declare medical choices clearly (life support, CPR, feeding tubes, resuscitation).
To reduce emotional burden on family, who otherwise struggle to decide.
To prevent unwanted or painful treatments when recovery is medically impossible.
To legally authorise one trusted person to take all medical decisions.
To ensure dignity in end-of-life care and avoid prolonged suffering.
To avoid disputes among relatives in emergency situations.

When To Make This Will

They are in good health and mentally sound.
They have a serious illness and want clarity in future medical care.
They have aged parents or no close family and need someone specific to decide.
They want full control over medical and life-support decisions.
Minimum age required is 18+ and mental competence.

Stamp Duty or Registration Requirement

A Living Will is not compulsorily stamp-duty based and not compulsorily registrable.
It should be written, signed, and witnessed by two witnesses.
The person must sign in a sound state of mind.
Identification documents should be attached.
Notarisation is optional but useful for authentication.

If A Person Wants To Make It Without An Advocate

A person can make this Will on their own.

They should:

Clearly write their medical choices.
Appoint a healthcare proxy.
Sign it in front of two independent witnesses.
Keep copies with the proxy, family members, and treating doctor.
Inform their hospital or primary doctor about it.

Do not do the following:

Do not leave it unsigned or unwitnessed.
Do not make contradictory statements.
Do not keep the only copy hidden where nobody can find it.

Validity in Court/Hospital

It is written voluntarily and signed properly.
It has two independent witnesses.
It is clear, unambiguous, and made by a competent adult.
Courts and hospitals accept Advance Directives if properly drafted and supported by witnesses.

OTHER IMPORTANT POINTS

The Will applies only when the person cannot communicate their decisions.
Until that moment, the person's current spoken decision overrides the document.
A new updated Will automatically cancels the older one.
The proxy's power starts only after doctors confirm incapacity.
Photocopies should be shared with close family and doctors for smooth implementation.

FREQUENTLY ASKED QUESTIONS

1. Is a Medical Will legally recognised?: Yes. Courts recognise advance medical directives made voluntarily with witnesses.
2. Can I change or cancel this Will later?: Yes. You can rewrite or cancel it anytime when mentally competent.
3. Do I need a doctor to sign it?: Not compulsory, but informing your doctor increases clarity.
4. Can a husband/wife automatically act as proxy?: Only if appointed in writing. Otherwise, doctors depend on family consensus.
5. Can I refuse life support even if my family disagrees?: Yes. Your written directive prevails over family opinion.
6. Does this mean doctors will stop treating me?: No. Only treatments that prolong suffering without recovery are withheld. Pain relief and comfort care continue.
7. Can I include organ donation instructions?: Yes. You may allow or refuse organ donation clearly in the document.
8. Can I appoint more than one proxy?: Preferably one. A substitute proxy can be added to avoid confusion.
9. Does a Medical Will override hospital rules?: Hospitals must follow lawful patient directives unless impossible due to medical limitations.
10. Is this Will necessary if I am already healthy?: Yes. Emergencies like accidents can make anyone unconscious without warning.
11. Should witnesses be family members?: Avoid. Use independent witnesses to prevent conflicts of interest.
12. What happens if no Living Will exists?: Doctors rely on family members, often leading to confusion or disagreement.

Downloads & Resources

Will: Medical Decision (Advance Medical Directive/Living Will) (352.72 KB)

Legal Affidavit Document

WILL FOR MEDICAL DECISION (ADVANCE MEDICAL DIRECTIVE / LIVING WILL)

This is the LAST WILL and TESTAMENT executed on this ___ day of ___ ___ (Two Thousand and ___) by me, Sri/Smt. ___, Aged about ___ years, Son/Daughter/Wife of ___, ___ by caste, ___ by profession, permanent resident of Village/Locality ___, P.O.- ___, P.S.- ___, District - ___, at present residing at ___, Aadhar No. ___, Mobile No. ___. I execute this Will out of my own free will, in a sound disposing state of mind and without any pressure, influence or coercion. I declare this to be my Last Will and an Advance Medical Directive / Living Will expressing my medical treatment decisions.

That I am aware that in certain medical situations I may be unable to communicate or make decisions regarding my health. Therefore, I clearly record my choices regarding medical treatment, life-support measures, and end-of-life care.
That I appoint the following person as my Medical Decision Maker / Healthcare Proxy after my death or during a medical emergency where I cannot express my decisions:

Sri/Smt. ___, aged ___ years,
Son/Daughter/Wife of ___,
Permanent resident of ___,
at present residing at ___, Profession: ___.

He/She shall act as the sole executor/executrix for implementing this medical directive.

That my medical decisions are as follows:

Life-support & Life-prolonging Treatment – If I suffer from a terminal illness, irreversible brain damage, or permanent unconsciousness with no reasonable chance of recovery, I direct that no artificial life support, ventilator, or invasive life-prolonging treatment be continued solely to prolong biological life. However, I desire humane care, including pain relief and dignity-based treatment.
Artificial Nutrition & Hydration – I direct that artificial feeding tubes or forced hydration be withheld/withdrawn if they only prolong suffering and offer no recovery.
Resuscitation (CPR / Advanced Life Support) – If recovery chances are negligible, I direct that no CPR or aggressive resuscitation be administered.
Organ Donation (optional) – ___
Refusal of Certain Treatments – I do not wish to undergo any treatment that causes extreme burden, suffering, or indignity without meaningful medical benefit.
Comfort Care – I direct doctors to provide palliative care, pain relief and comfort measures even if such medication may indirectly shorten life.
That this Medical Will expresses my clear, conscious and voluntary medical preferences and shall guide all medical professionals and family members.
That the above-named proxy/guardian shall have full authority to interpret and execute my medical decisions as per this Will.
That I reserve the full right to modify, alter or cancel this Medical Directive during my lifetime.
That until I am alive and conscious, I retain the full right to make all medical decisions personally.

SCHEDULE OF MEDICAL DIRECTIVES

Conditions where life support should not be continued: ___
Conditions for refusal of resuscitation: ___
Organ donation instructions: ___
Healthcare proxy's powers: ___

Signed by ___, the TESTATOR, acknowledging this to be his/her Last Will and Advance Medical Directive, in the presence of the two witnesses. The contents were read over and explained in vernacular language, and the Testator signed/affixed a thumb impression in our presence.

Date: ___
Place: ___

TESTATOR
Signature: ___

WITNESSES:

Signature: ___
Name: ___
Son of: ___
Address: ___