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Maharashtra is set to become India’s first state to maintain digital records of living Wills. A government resolution (GR) stated that a portal is now a part of the mahaulb.in website, allowing urban citizens to permanently preserve their Living Wills across all municipal corporations and nagar panchayats in the state.
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According to a TOI report, a Living Will is a legal document in which individuals specify their medical treatment preferences, including the option to refuse artificial life-sustaining treatment altogether, should they become incapacitated. Anyone above the age of 18 can create a Living Will with the signatures of two witnesses and a notary.
Aadisha Shetty, Private Client Practice, ANB Legal, told ET Wealth Online that Maharashtra is set to become the first Indian state to introduce digitised records for Living Wills and can now eliminate the practical hurdles and ambiguities that surround execution of living Wills.
According to Shetty, the Maharashtra government is taking a major step forward in healthcare planning by becoming the first state in India to launch a digital platform to maintain digitised records of Living Wills. Living wills matter because end-of-life decisions are often the hardest.
How does it work?
Shetty says a digital module has been built on the MahaULB portal where citizens can upload their Living Wills and book appointments with designated custodians for verification. The process is also available offline.
Shetty says that the documents that are submitted physically, will be digitised and uploaded by the custodian. Municipal Commissioners and Chief Officers of Urban Local Bodies who will act as Designated Custodians will be responsible for receiving, verifying, and securely maintaining these directives/Living Wills. When a hospital or family member needs to access the document, the custodian will be the single point of reference.
Here’s how it can help you in your composite succession plan
Shetty says that a Living Will gives both families and medical professionals a clear, legally backed direction to follow. The government’s initiative provides a highly secure and formal system for citizens and recognises every citizen’s right to decide their own medical care.
According to Shetty, while a Living Will is essentially not a succession planning tool which allows asset distribution, it is an integral part of a composite succession plan as it deals with matters related to life and death.
According to Shetty, a Living Will allows individuals to clearly record their medical preferences in advance, particularly in situations where they may no longer be able to communicate their decisions, by specifically providing whether life-sustaining treatments, such as ventilators, artificial nutrition, or other invasive interventions should be withheld or withdrawn when recovery is medically impossible.
Shetty says: “A Living Will ensures that personal wishes are respected and reduces the burden on family members in making such difficult decisions during trying times.”
This way, Shetty says Living Wills complement succession/estate planning by addressing the manner in which end-of-life care is managed, making the overall plan more holistic and aligned with the individual’s intentions.
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