The Kerala High Court has instructed the state government to establish a timeline for appointing custodians for living wills across all Local Self Government Institutions. This directive emerged during the hearing of a petition by a 70-year-old resident seeking the designation of a competent officer in the Cochin Corporation to act as custodian for her living will. A living will allows individuals to specify medical treatment preferences for situations where they can no longer provide informed consent.
In 2018, the Supreme Court of India recognized the legality of living wills in the landmark case of Common Cause v. Union of India. The Court stipulated that such directives should be entrusted to a competent person appointed by the local authority, who would serve as the custodian. However, the petitioner highlighted that the Cochin Corporation had not appointed any such custodian, prompting her to seek judicial intervention.
Responding to the petition, Justice C.S. Dias noted that, following the Court's earlier directions, the Cochin Corporation had nominated a competent individual to serve as custodian for living wills. The Court emphasized the necessity of extending this facility to all local bodies within the state to ensure uniform access to the mechanism for executing living wills.
The government pleader has been tasked with informing the Court about the timeframe within which regulations can be formulated to facilitate the appointment of custodians in all Local Self Government Institutions. This move aims to streamline the process, ensuring that individuals across Kerala can effectively register their living wills with designated custodians.
The case, titled Martha Jacob v. State of Kerala (WP(C) 41377/2024), is scheduled for its next hearing on January 31. The Court's directive underscores the importance of implementing the Supreme Court's guidelines on living wills, thereby upholding individuals' rights to make informed decisions about their medical care in situations where they are incapacitated.
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