The writer explains the concept of a Living Will and why it matters for everyone.
Imagine lying in a hospital bed while doctors and family members stand over you, debating what to do next because your voice is missing. Not because you don’t have an opinion, but because you physically cannot express it.
Most people in India plan for what happens after they die, yet almost no one plans for what happens if they stay alive but lose the ability to speak. A bank account has nominees, a business has partners, a property has heirs, but if you suddenly cannot communicate, who decides what happens to you? That silence, your silence, can become the loudest source of conflict your family will ever face, and that is exactly where a living will becomes one of the most powerful documents you have probably never created.
So, what is a Living Will?
A living will is a written document where you clearly state what kind of medical treatment you want and what you absolutely do not want, if you ever lose the ability to communicate. It is not a prediction of illness. It is not a document of fear. It is simply advance clarity. It lets you decide things like whether you want to be kept on life-support machines, whether you want invasive procedures, or whether you prefer comfort-focused care.
The Supreme Court of India made living wills legal in 2018, giving every person the right to clearly state how they want to be treated if they ever become too ill to speak. The process has a few formal steps, but the idea is simple: it lets you tell doctors and your family what you want long before any emergency happens.
The idea is simple: if you can’t speak for yourself, the living will speaks for you.
How a Living Will is different from a regular Will
A lot of people in India confuse a living will with a regular will, but the two documents are completely different. A regular will deals with what happens after death, who inherits your money, property, or business. It speaks when your life ends. A Living Will, on the other hand, speaks while you are still alive but unable to communicate. It has nothing to do with assets and everything to do with medical choices. One protects your wealth after you are gone. The other protects your dignity while you are still here. Both are important, but they serve entirely different purposes.
When does a Living Will apply, and who should make one?
A living will is used only when a person is unable to speak or make decisions. This usually happens if they have a terminal illness, a serious irreversible condition, a major accident, or they are permanently unconscious. But this document is not only for those who are ill or elderly. Anyone above 18 can make one, even if healthy. Life is unpredictable, and sudden emergencies can happen to anyone. A living will gives peace of mind long before any crisis.
Who speaks for you? The role of an Executor
A living will explains your wishes. But someone still needs to carry them out. That responsibility goes to the person you name under an Executor (Power of Attorney). This could be your spouse, a sibling, a close friend, or even someone from your faith community. What matters is trust. This person becomes your voice when your real one is out of reach. It is also wise to name a backup person, in case your first choice is unavailable.
Why a Living Will matters for everyone?
Most people assume their family ‘will know what to do.’ But when emotions run high, even the closest families disagree. A living will removes that weight from your loved ones. It frees them from guilt, from guesswork, and from the fear of making the wrong decision. It prevents unnecessary procedures that prolong suffering without improving life. It protects your dignity when you are unable to protect it yourself. And for entrepreneurs, it ensures that during a personal health crisis, your loved ones and your business aren’t battling uncertainty at the same time.
A Living Will is not final, you can change it anytime
Contrary to myth, a living will is not a rigid or permanent document. You can revise it, rewrite it, or cancel it whenever your beliefs or circumstances change. It grows with you. Your ideas of dignity, treatment, or comfort at 30 may not be the same at 60. And that is exactly why the document stays flexible.
A thought worth sitting with
Life rarely gives warnings. It only gives moments; some ordinary, some life-changing. A living will is not about expecting tragedy. It is about understanding that clarity is a gift you give yourself and the people you love. It’s about ensuring that your voice doesn’t disappear just because your body fails. Whether you run a business, raise a family, or simply want to spare your loved ones from impossible decisions, a living will keeps your wishes alive when you cannot speak them.
The best time to think about a living will is long before you ever need one. Because the one question no one should ever have to guess is: “What would you have wanted?”
